



IliBi 




LIBRARY OF CONGRESS, 



PRESENTED BY 

ijuOL 

UNITED STATES 0? AMEEICA. 



aX&AUaAjL^ 



PATENT LAWS, 



LAWS RELATING TO THE REGISTRATION OF 
TRADE-MARKS AND LABELS. 



UNITED STATES STATUTES 



CONCERNING THE 



Protection am Registration of Trade-marks air Luis, 



WITH THE 



RULES OF THE PATENT OFFICE RELATING THERETO. 



RULES OF PRACTICE 

IN THE 

UNITED STATES PATENT OFFICE. 







2-001. 



PATENT LAWS, 



LAWS RELATING TO THE REGISTRATION OF 
TRADEMARKS AND LABELS. 



APRIL, 1885. 



(THIRD EDITION.) 



>8(»(J PAT 1 



PATENT LAWS. 



ORGANIZATION OF THE PATENT OFFICE. 

Title XI, Rev. 

Title XI, Rev. Stat., p. 80 : stat. 

Sec. 475. There shall be in the Department of the Inte- 
rior an office known as the Patent Office, where all records, Establishment 
books, models, drawings, specifications, and other papers ace. e 
and things pertaining to patents shall be safely kept and 8 jniy, is7o, c. 

, & J r 230, s. 1, v. 10. p. 

preserved. 198. 

Sec. 476. There shall be in the Patent Office a Commis- 
sioner of Patents, one Assistant Commissioner, and three officers and em- 
examiners-in-chief, who shall be appointed by the Presi- p oy6s ' 



dent, by and with the advice and consent of the Senate, 198. 1 "' * ' p ' 
All other officers, clerks, and employes authorized by law 
for the Office shall be appointed by the Secretary of the 
Interior, upon the nomination of the Commissioner of Pat- 
ents, [see § 169.] 

Sec. 477. The salaries of the officers mentioned in the 
preceding section shall be as follows : salaries. 

The Commissioner of Patents, four thousand five hundred ~ibid., a. 4, ~^~. 
dollars a year. 199 ' 

The Assistant Commissioner of Patents, three thousand 
dollars a year. 

Three examiners-in-chief, three thousand dollars a year 
each. 

Title XI, Rev. Stat, p. 74: 

Sec. 440. There shall also be in the Department of the 
Interior — 

In the Patent Office : 

One chief clerk, at a salary of two thousand five hundred 
dollars a year. 

One examiner in charge of interferences, at a salary of 
two thousand five hundred dollars a year. 

One examiner in charge of trade-marks, at a salary of 
two thousand five hundred dollars a year. 

Twenty-four principal examiners, at a salary of two thou- 
sand five hundred dollars a year each. 

Twenty-four first assistant examiners, at a salary of one 
thousand eight hundred dollars a year each. 

Twenty-four second assistant examiners (two of whom 
may be women), at a salary of one thousand six hundred 
dollars a year each. 

3 



Twenty-four third assistant examiners, at a salary of one 
thousand four hundred dollars a year each. 

One librarian, at a salary of two thousand dollars a year. 

One machinist, at a salary of one thousand six hundred 
dollars a year. 

Three skilled draughtsmen, at a salary of one thousand 
two hundred dollars a year each. 

Thirty-five copyists of drawings, at a salary of one thou- 
sand dollars a year each. 

One messenger and purchasing clerk, at a salary of one 
thousand dollars a year. 

One skilled laborer, at a salary of one thousand two hun- 
dred dollars a year. 

Eight attendants in the model-room, at a salary of one 
thousand dollars a year each. 

Eight attendants in the model-room, at a salary of nine 
hundred dollars a year each. 

Act Jane 15, [One examiner of designs, two thousand four hundred dollars. 1 
380. L ° ' 

Title XI, Rev. Stat,, p. 80: 
seal. Sec. 478. The seal heretofore provided for the Patent 



2oo bid '' "' 12, p " Ofi* ce snai l be the seal of the Office, with which letters patent 
and papers issued from the Office shall be authenticated. 
Bonds of com- Sec. 470. The Commissioner of Patents and the chief 

missioner and . 

chief clerk. clerk, before entering upon their duties, shall severally give 
ibid., s. 6, p. bond, with sureties, to the Treasurer of the United States, 

199. 

the former in the sum of ten thousand dollars, and the lat- 
ter in the sum of five thousand dollars, conditioned for the 
faithful discharge of their respective duties, and that they 
shall render to the proper officers of the Treasury a true ac- 
count of all, money received by virtue of their offices. 
Restrict ions §ec. 480. All officers and employes of the Patent Office 

npon officers and L J 

employes. shall be incapable, during the period for which they hold 

2oo bid '' 8 ' 1G ' p ' fcne "" appointments, to acquire or take, directly or indirectly, 

except by inheritance or bequest, any right or interest in 

any patent issued by the Office, 
Dimes of com- Sec. 481. The Commissioner of Patents, under the direc- 

miBSioner. 

nil — — -tion of the Secretary of the Interior, shall superintend or 

1 ' m perform all duties respecting the granting and issuing of 

patents directed bylaw; and he shall have charge of all 

books, records, papers, models, machines, and other things 

belonging to the Patent Office. 

Dntiesoferam, Sec. 482. The examiners in-chief shall be persons of com- 

- I|K — -petent legal knowledge and scientific ability, whose duty it 

am. s.io.'v. uiip.' shall be, on the written petition of the appellant, to revise 

and determine upon the validity of the adverse decisions of 

examiners upon applications for patents, and for reissues of 



5 

and, when required by 
the Commissioner, they shall hear and report upon claims 
for extensions, and perform such other like duties as he 
may assign tbem. 

Sec. 483. The Commissioner of Patents, subject to the Establishment 

approval of the Secretary of the Interior, may from time to — — 

time establish regulations, not inconsistent with law, for 200. 
the conduct of proceedings in the Patent Office. 

Sec. 484. The Commissioner of Patents shall cause to be ^^.g?™ 611 * 

and exhibition of 

classified and arranged in suitable cases, in the rooms and models, &o. 



13, p. 

200. 

of composition, fabrics, manufactures, works of art, and de- 
signs, which have been or shall be deposited in the Patent 
Office 5 and the rooms and galleries shall be kept open dur- 
ing suitable hours for public inspection. 

Sec. 485. The Commissioner of Patents may restore to Disposals of 

,,,',. models on reject- 

the respective applicants such of the models belonging to ed applications. 
rejected applications as he shall not think necessary to be ibid., s. 15, p. 
preserved, or he may sell or otherwise dispose of them after 
the application has been finally rejected for one year, pay- 
ing the proceeds into the Treasury, as other patent moneys 
are directed to be paid. 

Sec. 486. There shall be purchased for the use of the library. 
Patent Office a library of such scientific works and periodi- ibid., a. 15, P . 
cals, both foreign aud American, as may aid the officers in 
the discharge of their duties, not exceeding the amount 
annually appropriated for that purpose. 

Sec. 487. For gross misconduct the Commissioner of Patent-agents 

& may be refused 

Patents may refuse to recognize any person as a patent 



recognition. 



200. 

reasons for such refusal shall be duly recorded, and be sub- 
ject to the approval of the Secretary of the Interior. 

Sec. 488. The Commissioner of Patents may require all ^$jj£ s of pa " 
papers filed in the Patent Office, if not correctly, legibly, md b 18 
and clearly written, to be printed at the cost of the party 20 °- 
filing them. 

Sec. 489. The Commissioner of Patents may print, or Printing copies 

u *■ 7 of claims, laws, 

cause to be printed, copies of the claims of current issues, decisions, &c. 
and copies of such laws, decisions, regulations, and circu- ib>d., a. 20, p. 
lars as may be necessary for the information of the public." 

Sec. 490. The Commissioner of Patents is authorized to,^™?!"^ 8 P eci ; 

f 1 cations aud 

have printed, from time to time, for gratuitous distribution, drawings. 
not to exceed one hundred aud fifty copies of the complete,, 11 «p u, -j ls ll< 

•> * r u ea . No. 5, v. 16, 

specifications and drawings of each patent hereafter issued, p- 59 °- 
together with suitable indexes, one copy to be placed for 
free public inspection in each capital of every State and 
Territory, one for the like purpose in the clerk's office of 



the district court of each judicial district of the United 
States, except when such offices are located in State or 
Territorial capitals, and one in the Library of Congress, 
which copies shall be certified under the hand of the Com- 
missioner and seal of the Patent Office, and shall not be 
taken from the depositories for any other purpose than to 
be used as evidence. [ 8e « § 894 -3 

Additional Sec. 491. The Commissioner of Patents is authorized to 
Mnd"h:Uv^° n8 bave printed such additional numbers of copies of specifi- 

11 Jan., 1871, cations aud drawings, certified as provided in the preceding 
p. e 59o N °' 5 ' v ' 16, section, at a price not to exceed the contract price for such 
drawings, for sale, as may be warranted by the actual de- 
mand for the same; and he is also authorized to furnish a 
complete set of such specifications and drawings to any 
public library which will pay for binding the same into 
volumes to correspond with those in the Patent Office and 
for the transportation of the same, and which shall also 
provide for proper custody for the same, with convenient 
access for the public thereto, under such regulations as the 
Commissioner shall deem reasonable. 

volumes of Sec. 12. That it shall be the duty of the Commissioner 

drawings, &.C., 

pubiishedbyPat- of Patents to furnish, tree of cost, one copy of the bound 

ent Office to be „ . ' , , ] n tJ , ,. , , 

furnished d e - volumes of specifications and drawings of patents published 
Pa lcTof 9 March by the Patent Office, to each of the Executive Departments 
3 ' sup 5 ' to r. s., of tlie Government, upon the request of the head thereof. 
V °LHho 16 \in ^ EC " 4 ^* ^ e lithographing and engraving required by 
and engraving. ° the two preceding sections shall be awarded to the lowest 
S& ^ ,— , and best bidders for the interest of the Government, due 

24 March, 1871, 

c.5,s.i,v.i7,p.2, regard being paid to the execution of the work [the work] 
to be done under the supervision of the Commissioner of 
Patents, who shall receive competitive bids therefor. 

1885°' March 3 ' Said photolithographing, or otherwise producing plates and copies re- 
ferred to in this and the two preceding paragraphs, to be done under 
the supervision of tho Commissioner of Patents, and in the city of 
Washington, if it can be there done at reasonable rates; and the 
Commissioner of Patents, under the direction of the Secretary of 
the Interior, shall be authorized to make contracts therefor. 

Price of copies Sec 493. The price to be paid for uncertified printed 

<>t specifications , 

and drawings, copies ot specifications and drawings of patents shall be 

ibid., s. 2, p. 3. determined by the Commissioner of Pateuts, within the 

limits of ten cents as the minimum and fifty cents as the 

maximum price. 

..f A "i!e Ua coinm C i^ Sec - 494 - The Commissioner of Patents shall lay before 

8ioner - Congress, in the month of January, annually, a report, 

230, ™ y 'v! 8 io,' p. £ ivil, 8 a detailed statement of all moneys received for pat- 
ents, for copies of records or drawings, or from any other 



source whatever ; a detailed statement of all expenditures 
for contingent and miscellaneous expenses ; a list of all 
patents which were granted during the preceding year; 
designating under proper heads the subjects of such pat- 
ents ; an alphabetical list of all the patentees, with their 
places of residence ; a list of all patents which have been 
extended during the year ,• and such other information of 
the condition of the Patent Office as may be useful to Con- 
gress Or the public. [See §i 195, 196.] 

Sec. 495. The Collections of the Exploring Expedition, le J t ^ d yo f ^- 
now in the Patent Office shall be under the care and man- pioring Expedi 

turn. 

agement of the Commissioner of Patents. 4Au — 1854 c 

Sec. 496. All disbursements for the Patent Office shall be g*|. s.T V. 10,' P .' 

made by the disbursing clerk of the Interior Department. „ Disbursements 

for Patent Office. 



Sec. 629. The circuit courts shall have original jurisdic- 



8 July, 1870, c. 

as follows: 230, s. 69, v. ie, P . 

####*## Jurisdiction. 

Ninth. Of all suits at law or in equity arising under the Patent and 

^ ^ ° copyright suits. 

patent or copyright laws of the United States. s July, isto, c. 

230, ss., 55, 106, v. 16, pp. 206, 215; 16 Feb., 1875, c. 77, s. 2, v. 18, p. 314; Allen 
v. Blunt, 1 Blatch., 480 ; Goodyear v. Day, 1 Blatch., 565 ; Goodyear v. Union 
India Rubber Company, 4 Blatch., 63; Burr v. Gregory, 2 Paine, 426; 
Brooks v. Stolly, 3 McLean, 523 ; Pulte v. Derby, 5 McLean, 328. 

Sec. 690. The Supreme Court shall have appellate juris- Appeiiatejuris- 
diction in the cases hereinafter specially provided for. 

Sec. 699. A writ of error may be allowed to review any writs of error 
final judgment at law, and an appeal shall be allowed from w?thout p ^fe r ; 
any final decree in equity hereinafter mentioned, without ence 
regard to the sum or value in dispute : 

First. Any final judgment at law or final decree in equity 
of any circuit court, or of any district court acting as a cir- ^^^casea* 1 
cuit court, or of the supreme court of the District of Colum- IfJuiy, 1870, c. 

, . „ m , . . t . 230, ss. 56, 107, v. 

bia, or ot any Territory, m any case touching patents-rights io, pp. 207, 2is ; 

. , , Hogg v. Einer- 

Or COpy n glltS. son! 6 How., 477 ; 

Stimson v. Railroad, 10 How., 346; Sizer v. Maney, 16 
How., 98 ; Brown v. Shannon, 20 How., 55. 

Sec. 711. The jurisdiction vested in the courts of the aKSriSta 
United States in the cases and proceedings hereinafter men- of united states. 
tioned, shall be exclusive of the courts of the several States: 

Fifth. Of all cases arising under the patent-right or copy- 
right laws of the United States. 

Title XIII, Kev. Stat., p. 169 : 

Sec. 892. Written or printed copies of any records, books, Copies of rec- 
i / • „ n x/v* -. Lords, &o., of Pat- 

papers, or drawings belonging to the Patent Office, and of ent Office. 

letters patent authenticated by the soal and certified by the ibid., 8 . 57, p. 

Commissioner or Acting Commissioner thereof, shall beevi- 



j£S2 8 2'ai. W 8^ ence in :l11 cases wherein the originals could be evidence; 

r!i>i! J .T "'; 'liii- aml an y Person making application therefor, and paying the 
wo^Petubone* 1 ' ^ ee re( l uired D J law shall bave certified copies thereof. 

I >erringer, 4 Wash. C. C, 215; Lee vs. Blandy, 2 Fish, 89 (see 1 Bond, 361); 
Woodworth vs. Hall, Wood. &, Minu., 200; Emerson vs. Hogg, 2Blatch., 12. 

Copies of for- g EC §93. Copies of the specifications and drawings of 

eign' letters pat .« 1 

ent- foreign letters patent certified as provided in preceding 

ibid., s. 57, p. section, shall be prima facie evidence of the fact of the 

207. ' 

granting of such letters patent, and of the date and con- 
tents thereof. 
Printed copies Sec. 894. The printed copies of specifications and draw- 

of specifications *■ . . 

and arawings of jugs of Patents, which the Commissioner of Patents is au- 

patenta. . ' . .. -it. 
thorized to print for gratuitous distribution, and to deposit 

Res. 5, v.' lo, p.' in the capitols of the States and Territories, and in the clerk's 

offices of the district courts, shall, when certified by him and 

authenticated by the seal of his office, be received in all courts 

as evidence of all matters therein contained. [See $ 490.] 

costs not re- Sec. 973. When judgment or decree is rendered for the 

covcrablo in cer- ^ ° 

tain suits for in- plaintiff or complainant, in any suit at law or in equity, for 

(nngement of \ . „ 7 ' . ,.,. 

patent unless dis- the infringement of a part of a patent, in which it appears 

claimer entered, , ° . , . . *, . , . , , 

&c. that the patentee, in his specification, claimed to be the 

8 July, i87o, c. original and first inventor or discoverer of any material or 
207! 8- p ' substantial part of the thing patented, of which he was not 

the original and first inventor, no costs shall be recovered, 
unless the proper disclaimer, as provided by the patent 
laws, has been entered at the Patent Office before the suit 
was brought. 
Patented arti- Sec. 1538. No patented article connected with marine 

clos connected 

wiih marine en- engines shall hereafter be purchased or used in connection 

gines. 

with any steam vessels of war until the same shall have 

18 July, 1861, c. . , . , , 

8, s. 3, v. i2, p. been submitted to a competent board of naval engineers, 
and recommended by such board, in writing, for purchase 
and use. 
Title XVII, Rev. Stat., p. 292: 

be^aidbynStS Sec * 1673, ^° r °y alt y sha11 be P aid b > T the United States 
r ' : ,'s' V,r lt \& to any 0Iie of its officers or employes for the use of any 
in. niioiud in pre patent for the system, or any part thereof, mentioned in 

ceding section. " 7 " L 

6 June 1872 c preceding section, nor for any such patent in which said 
3i6, v. 17', p. 26i.' officers or employes may be directly or indirectly interested. 

PATENTS. 

Title LX, Rev. Stat., chap. 1, p. 945 : 

iaStaf aititoj Sec - 4883, A11 P ateuts sba11 be issued in the name of the 
and recorded. ' United States of America, under the seal of the Patent 

230,i 1, 2f;v 1 ?6:J: Offlce ' :lml sha11 be signed by the Secretary of the Interior 
""n. M.ghty 'v S . and countersigned by the Commissioner of Patents, and 
west, 6 Biatch.; they shall be recorded, together with the specifications, in 
the Patent Office, in books to be kept for that purpose. 



An act to amend section four thousand eight hundred and oighty-three of the Revised Statutes to 
enable the Assistant Secretary of the Interior to sign patents. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That section four thousand eight hundred and eighty-three of 
the Revised Statutes is herehy amended by inserting after the words "Secretary of 
the Interior," where they occur therein, the following words : " or under his direction 
by one of the Assistant Secretaries of the Interior," so that the said section as amended 
will read as follows : 

" Section 4883. All patents shall be issued in the name of the United States of 
America, under the seal of the Patent Office, and shall be signed by the Secretary of 
the Interior or under his direction by one of the Assistant Secretaries of the Interior, 
and countersigned by the Commissioner of Patents, and they shall be recorded, 
together with the specifications, in the Patent Office, in books to be kept for that 
purpose." 

Approved, February 18, 1888. 



Sec. 4884. Every patent shall contain a short title or ^Contents and 
description of the invention or discovery, correctly indi- - Ibid s 22 — 
eating its nature and design, and a grant to the patentee, 20 J,-. 

& ° ' ° x ' Simpson m. 

his heirs or assigns, for the term of seventeen years, of the Wilson 4 How., 
exclusive right to make, use, and vend the invention or whitman, 2 
discovery throughout the United States and Territories van vs. Redfieid, 
thereof, referring to the specification for the particulars erson"**. Hogg, 
thereof. A copy of the specification and drawings shall be Dough ty «! 
annexed to the patent and be a part thereof. S e ? VhSySi! 

Emmett, Baldw., 314; Boydvs. Brown, 3 McLean, 297- 

Sec. 4885. Every patent shall bear date as of a day not Date of patent. 
later than six months from the time at which it was passed lbid s 23 
and allowed and notice thereof was sent to the applicant or 201 - 
his agent ; and if the final fee is not paid within that period 
the patent shall be withheld. 

Sec. 488G. Any person who has invented or discovered any what invention 

new and useful art, machine, manufacture or composition of — : — 

matter, or any new and useful improvement thereof, not 201. "' ' " ' p ' 
known or used by others in this country, and not patented Brown! io How.' 
or described in any printed publication in this or any foreign ^Gre^nwoMm 
country, before his invention or discovery thereof, and not j£Zj VS . Tatham? 
in public use or on sale for more than two years prior to his o'ReinV ^V. 
application, unless the same is proved to have been aban- ^'coming w! 
doned, may upon payment of the fees required bylaw, and o^^Kendau ^' 
other due proceedings had, obtain a patent therefor. sT^A^leton «» 

Bacon and North, 2 Bl. , 6 ( J0 ; Burr vs. Dnryee, 1 Wall. , 531 ; Jacobs vs. Baker' 7 Wall., 295 j 
Tyler w. Boston, 7 Wall., 327; Agawam Co. vs. Jordan, 7 Wall., 583; Whitelyvs. Swayne, 7 
Wall., 085; Rubber Co. vs. Goodyear, 9 Wall., 788; Stimpson vs. Woodman, 10 Wall', 117; 
Gorharn Co. vs. White, 14 Wall ', 511 ; Mowrv vs. Whitney, 14 Wall., 020; Carlton vs. Bo- 
kee, 17 Wall., 403; Coffin vs. O.sden, 18 Wall., 120; Hicks vs. Kelsey, 18 Wall., 070; Wood- 
cock vs. Parker, 1 Gallis., 437; Odionie vs. Winkley, 2 Gallis., 5i; Ames vs. Howard, 1 
Sumn., 482; Ryan vs. Goodwin, 3 Sumn., 518; How vs. Abbott, 2 Story, 194; Bean vs. 
Smallwood, 2 Story, 411; Carver vs. Braintree Manuf. Co., 2 Story. 438; Hovey vs. Stevens, 

3 Wood & M., 17 ; Foot vs Silsby, 1 Blatch., 445 ; Parkhurst vs. Kinsman, 1 Blatch., 493 ; 
Hallos. Wiles, 2 Blatch., 194; McCoruiick vs. Seymour, 2 Blatch., 240; Ellithorpe vs. Rob- 
inson. 4 Blatch., 307 ; Morton vs. The New York Eye Infirmary, 5 Blatch., 110; Hoffman 
vs. Stiefel, 7 Blatch., 58; l.'eutgen vs. Kauowrs and Graunt, 1 Wash., 171; Park vs. Little 
and Wood, 3 Wash., 198 ; Kneass vs. TJio Schuylkill Bank, 4 Wash., 12 ; Whitney vs. Em- 
mett, Baldw., 314; Goodyear vs. The Railroad, 2 Wall., jr., 300; Smith vs. Pear'ce, 2 Mc- 
Lean, 178; Root vs. Ball and Davis, 4 McLean, 177; Hotchkiss vs. Greenwood and Wood, 

4 McLean, 401; Stainthorp vs. llumiston, 1 Fish. Pat. Cas., 475; Poillon vs. Schmidt, 3 
Fish. Pat. Cas., 476. 

The Secretary of the Interior and the Commissioner of 10 £ ct TT M * rc ;li 3 - 

lbK>, U. b. Mat. 

Patents are authorized to grant any officer of the Govern- xxil, P . 025. 
ment, except officers and employes of the Patent Office, a 
patent for any invention of the classes mentioned in section Patents granted 
forty-eight hundred and eighty-six of the Revised Statutes, theUnited states, 
when such invention is used or to be used in the public dons. fc excep * 
service, without the payment of any fee: Provided, That the Proviso. 
applicant in his application shall state that the invention 
described therein, if patented, may be used by the Govern- 
ment, or by any of its officers or employes in the prosecution 
of work for the Government, or by any other person in the 
United States, without the payment to him of any royalty 
thereon, which stipulation shall be included in the patent. 



10 
Patent* for in- si;<\ 4887. No person shall be debarred from receiving a 

mentions prflvi« . , .. 

mmsIv patented patent for his invention or discovery, nor shall any patent 

be declared invalid, by reason of its having been first 

K.Inlv, 1870, c. , 1 X i • j? 

230, s. 25, ▼. id, p. patented or caused to be patented in a foreign country, 
J °o' n.iii v vs. unless the same Las been introduced into public use in tbe 
^"'liav's'o'sui: United .States for more than two years prior to the applica- 
nt. 1 seal 1, Jud- tiou. But every patent granted for an invention which has 
Fi"h! '*Pat.Tas.! been previously patented in a foreign country shall be so 
limited as to expire at the same time with the foreign patent, 
or, if there be more than one, at the same time with the 
one having the shortest term, and in no case shall it be in 
force more than seventeen years. 
Requisites of Seo. 4888. Before any in ventor or discoverer shall receive 

application, <U-- . . . .«»•.« ,. 

Bcnption, spedfi- a patent for his invention or discoverv, he shall make appli- 
cation, aud claim. . . . 

— cation therefor, in writing, to the Commissioner of Patents, 

-mil and shall file in the Patent Office a written description of 

Evans v*. Eaton, , 

7Wh.,434i wood the same, and of the manner and process of making, con- 
Kow., n i; iio ?g structing, compounding, and using it, in such full, clear, 
iiow. m< 587T' o'- concise, and exact terms as to enable any person skilled in 
i5How r .62iCorn- the art or science to which it appertains, or with which it 
Sow*' 252 T'iJ is most nearly connected, to make, construct, compound, 
i^How^^miand use the same; and in case of a machine, he shall ex- 
lTHow.™M?Ty- plain the principle thereof, and the best mode in which he 
waiT, y^'f cari 7 has contemplated applying that principle, so as to distin. 
wuM&t feui" guish it from other inventions ; and he shall particularly 
i 1 paiui ■ L 2o:? ; r sui- P omt out and distinctly claim the part, improvement, or 
i' pTine ' 45o lfi Ma- combination which he claims as his invention or discovery. 
Bh.t'ch *3^Grav ^e specification and claim shall be signed by the inventor 
jam ° P^etc c ' an( * attested by two witnesses. 

401 ; Park vs. Little aud Wood, 3 Wash., 198 ; Brooks 
and Morris vs. Bicknell and Jenkins, 3 McLean, 250. 

Drawings, when Sec. 4889. When the nature of the case admits of draw- 

reqtusite. 

Ibid 8 27 — ings, the applicant shall furnish one copy signed by the in- 
"o ■ Reiii vi ventor or Dis attorney in fact, and attested by two witnesses, 
Morse, is flow.; which shall be filed in the Patent Office; and a copy of the 

62; Wash burn tf». ' L J 

Gerald, a story, drawing, to be furnished by the Patent Office, shall be at- 
tached to the patent as a part of the specification, 
specimens of Sec. 4890. When the invention or discovery is of a com- 

uigrcdients, &.C. ^ 

-f^i — ^oT P° sition of matter, the applicant, if required by the Com- 
2j»o, s.2o/v. i6,' P ." missiouer, shall furnish specimens of ingredients and of the 
composition, sufficient in quantity for the purpose of experi- 
ment. 
reSsfte. w hen Sec - 4891 « In aU cas es which admit of representation by 
ibid., sTlaTp". mouel > tnii applicant, if required by the Commissioner, shall 
Ju ii„^ vi. Emer- tun,isl1 :l model of convenient size to exhibit advantageously 
n!nm!Vri 7; T!,'i' t,H ' s, ' v< ' ral P arts of his invention or discovery. 

oott,2OHow.,4Q0. 



11 

Sec. 4892. The applicant shall make oath that he does , ° ath required 

- 1 x tiom apiJlicant. 

verily believe himself to be the original and first inventor — — — — 

Ibid., a. 30, p. 

or discoverer of the art, machine, manufacture, composition, 202. 

' . , , ,' ' L ' Hogg us. Emer- 

or improvement for which he solicits a patent ; that he does son, c How., 437; 

, .,,.,,, , Whittemore vs. 

not know and does not believe that the same was ever be- cutter, 1 Gaii., 
fore known or used ; and shall state of what country he is Bei'knT^Mnis?^ 
a citizen. Such oath may be made before any person within 536. ' 
the United States authorized by law to administer oaths, or 
when the applicant resides in a foreign country, before any 
minister, charge" d'affaires, consul, or commercial agent, hold- 
ing commission under the Government of the United States, 
or before any notary public of the foreign country in which 
the applicant may be. 

Sec. 4893. On the filing of any such application and the Examination 
payment of the fees required by law, the Commissioner of ent. 18smng pa 
Patents shall cause an examination to be made of the al- ibid., s. 3i, p. 
leged new invention or discovery ; and if on such exatuiua- 202 ' 
tion it shall appear that the claimant is justly entitled to a 
patent under the law, and that the same is sufficiently use- 
ful and important, the Commissioner shall issue a patent 
therefor. 

Sec. 4894. All applications for patents shall be completed l imitation 
and prepared for examination within two years after thepteting 'appiica- 

filing of the application, and in default thereof, or upon --— — 

failure of the applicant to prosecute the same within two 202. ' " 8 * ' 
years after any action therein, of which notice shall have 1 BondTm™ 16 ' 
been given to the applicant, they shall be regarded as aban- 
doned by the parties thereto, unless it be shown to the sat- 
isfaction of the Commissioner of Patents that such delay 
was unavoidable. 

Sec. 4895. Patents may be granted and issued or reissued Patents granted 

to the assignee of the inventor or discoverer ; but the as- — f lgne ■ 

signment must first be entered of record in the Patent Office. 202 u "' 8 ' 
And in all cases of an application by an assignee for the . 132, vji6,'p. 583! 
issue of a patent, the application shall be made and the er fii> How'.?«7J 
specification sworn to by the inventor or discoverer; audf FUkVat-lcfas!; 
in all cases of an application for a reissue of any patent, the 343 - 
application must be made and the corrected specification 
signed by the inventor or discoverer, if he is living, unless 
the patent was issued and the assignment made before the 
eighth day of July, eighteen hundred and seventy. 

Sec. 4896. When any person, having made any new in- wn ^ e ^ tn II Ji r £J! 
vention or discovery for which a patent might have been utor or adminia- 

^ r ° trator may claim 

granted, dies before a patent is granted, the right of apply- patent. 

. „ , , , . . ., i. 1 11 i 1 1 • 8 J'rtv. 1S70, c. 

mg lor and obtaining the patent snail devolve on his exec 230, a.34,v.ie,p. 
utor or administrator, in trust for the heirs at law of the Rubber Co. vs. 
deceased, in case he shall have died intestate ; or if he shall waL, 788. ar ' 



12 

have left a will, disposing of the same, then in trust for his 
devisees, in as full manner and on the same terms and con- 
ditions as the same might have been claimed or enjoyed by 
him in his lifetime; and when the application is made by 
suck legal representatives, the oath or affirniatiou required 
to be made shall be so varied in form that it can be made 
by them. 
Renewal of a P - Sec. 487. Any person who has an interest in an inven- 
f'i u ri!ii!i'! 1 1 "io : p : ' l y tion or discovery, whether as inventor, discoverer, or as- 
feeainBeaaon. s jg nee} f or which a patent was ordered to issue upon the 
^n.,.,1., "' 85, r ' payment of the final fee, but who fails to make payment 
thereof within six months from the time at which it was 
passed and allowed, and notice thereof was sent to the ap- 
plicant or his agent, shall have a right to make an applica- 
tion for a patent for such invention or discovery the same 
as in the case of an original application. But such second 
application must be made within two years after the allow- 
ance of the original application. But no person shall be 
held responsible in damages for the manufacture or use of 
any article or thing for Which a patent was ordered to issue 
under such renewed application prior to the issue of the 
patent. And upon the hearing of renewed applications 
preferred under this section, abandonment shall be consid- 
ered as a question of fact. 
iuentr m ° nt80f ^ EC# 4 ^- Every patent or any interest therein shall be 
assignable iu law by an instrument in writing; and the 



ibid s 36 patentee or his assigns or legal representatives may, in like 
"'woo.iworthts maimer » grant and convey an exclusive right under his pat- 
wiis„n i now.; ent to the whole or any specified part of the United States. 

712: Wilson VS. . " " * 

Simpson, o How., An assignment, grant, or conveyance shall be void as 

.TO j Gaylor vs. . , ' ° J 

wilder, io How., against any subsequent purchaser or mortgagee for a valu- 

•77 : Bloomer vs. . . . _ . ... 

vicQuewan i4 able consideration, without notice, unless it is recorded in 
man 'vs. j'ark- the Patent Office within three months from the date thereof. 

hurst. 18 How., 

js'.t; Hartshorn vs. Day, 10 How., 211 ; Eailroad Co. vs. Trimble, 10 Wall., 367: Nicolaoii 
Pavement Co. vs. Jenkins, 14 Wall., 452 ; Adams vs. Burke, 17 Wall., 45:! ; Eunson vs. Dodge, 
18 Wail., 414; (,o<Hlvwiri>s. Cary,4Blatch., 271; Perry vs. Comin-;, 7 Blateli., 195: Bell vs. 
!'\"\ -Vr . ' d ' 104; Hu88e J »«• Whitely, 1 Bon.l, 497; Pitts vs. Jameson, 15 Barb, 

obSnTViE Sec - 4899 - Every person who purchases of the inventor, 

a;3ir;Uilm f n 1 ny ()rdiSCOVerer 5 0r witl » ^8 knowledge llllil COIlSCllt COllstlUctS 

lh!n^ r M 1 ,e!!as!''r an y newl y invented or discovered machine, or other patent 
~8 Juiv, i87o7o". abl ° article » P rior to the application by the inventor or dis- 
280, s. 87.V. i«i p. coverer for a patent, or who sells or uses one so constructed, 
wto!or, d 2iHow*; 8Qa11 have the ri S nt to n8e > a ' nl V(,,l<1 t0 others to be used, 
Scnm? totSt. the 8Decinc tnill M' so made or purchased, without liability 
Etooi vs. therefor. 

Call and Davis, 4 

MoLean, 177. 



13 

Sec. 4900. It shall be the duty of all patentees, and their cl f s ate ^ t ar £ 
assigns and legal representatives, and of all persons niak- marked aa anch. 



ing or vending any patented article for or under them, to J 11 ' 11 . 8 - 38 - p 
give sufficient notice to the public that the same is patented : „ Rubber Co. w 

° \ A L 'Goodyear, i 

either by fixing thereon the word " patented," together with wall., 788; Good 

J to ± ' fc> yp^ vg _ A l]y I1) 6 

the day and year the patent was granted ; or when, from Biatch., 33. 
the character of the article, this cannot be done, by fixing 
to it, or to the package wherein one or more of them is in- 
closed, a label containing the like notice ; and in any suit 
for infringement, by the party failing so to mark, no dam- 
ages shall be recovered by the plaintiff, except on proof 
that the defendant was duly notified of the infringement, 
and continued, after such notice, to make, use, or vend the 
article so patented. 

Sec. 4901. Every person who,in any manner, marks upon Penalty for 
anything made, used, or sold by him for which he has not r S iaLiing T art£ 
obtained a patent, the name or any imitation of the name cles a8patented ' 
of any person who has obtained a patent therefor, without 2 o3 bld '' 8- 39, p ' 
the consent of such patentee, or his assigns or legal repre- 
sentatives ; or 

Who, in any manner, marks upon or affixes to any such 
patented article the word "patent" or "patentee," or the 
words " letters patent," or any word of like import, with 
intent to imitate or counterfeit the mark or device of the 
patentee, without having the license or consent of such pat- 
entee or his assigns or legal representatives ; or 

Who, in any manner, marks upon or affixes to any un- 
patented article the word "patent" or any word importing 
that the same is patented, for the purpose of deceiving the 
public, shall be liable, for every such offense, to a penalty 
of not less than one hundred dollars, with costs ; one-half 
of said penalty to the person who shall sue for the same, 
and the other to the use of the United States, to be recov- 
ered by suit in any district court of the United States within 
whose jurisdiction such offense may have been committed. 

Sec. 4902. Any citizen of the United States who makes ruing and ef- 
any new invention or discovery, and desires further time to fcc 



July, 1870, c 



mature the same, may, on payment of the fees required by 2; ?o, bTm, v. 



sign thereof, and of its distinguishing characteristics, and 
praying protection of his right until he shall have matured 
his invention. Such caveat shall be filed in the confidential 
archives of the office and preserved in secrecy, and shall be 
operative for the term of one year from the filing thereof; 
and if application is made within the year by any other 
person for a patent with which such caveat would in any 



Belles. Daniels, 
1 Bond, 212. 



14 

manner interfere, the Commissioner shall deposit the de- 
scription, specification, drawings, and model of such appli- 
cation in like manner in the confidential archives of the 
office, and give notice thereof, by mail, to the person by 
whom the caveat was filed. If such person desires to avail 
himself of his caveat, he shall file his description, specifica- 
tions, drawings, and model within three months from the 
time of placing the notice in the post-office in Washington, 
with the usual time required for transmitting it to the cav- 
eator added thereto ; which time shall be indorsed on the 
notice. An alien shall have the privilege herein granted, 
if he has resided in the United States one year next pre- 
ceding the filing of his caveat, and has made oath of his 
intention to become a citizen. 
Notice of roji'c- Sec. 4903. Whenever, on examination, any claim for a 
patent "to be patent is rejected, the Commissioner shall notify the appli- 
cant ° app l cant thereof, giving him briefly the reasons for such rejec- 
rbid., s. 4i, p. tion, together with such information and references as may 
be useful in judging the propriety of renewing his appli- 
cation or of altering his specification ; and if, after receiv- 
ing such notice, the applicant persists in his claim for a 
patent, with or without altering his specifications, the Com- 
missioner shall order a re-examination of the case. 
interferences. Sec. 4904. Whenever an application is made for a patent 
^ ibid., a. 42, p. which, in the opinion of the Commissioner, would interfere 
with any pending application, or with any unexpired patent, 
he shall give notice thereof to the applicants, or applicant 
and patentee, as the case may be, and shall direct the 
primary examiner to proceed to determine the question of 
priority of invention. And the Commissioner may issue a 
patent to the party who is adjudged the prior inventor, 
unless the adverse party appeals from the decision of the 
primary examiner, or of the board of examiners-in-chief, as 
the case may be, within such time, not less than twenty 
days, as the Commissioner shall prescribe. 
Affidavits and Sec. 4905. The Commissioner of Patents may establish 

'. — rules for taking affidavits and depositions required in cases 

23>),s. 43,' v.iGip". pending in the Patent Office, and such affidavits and depo- 
sitions may be taken before any officer authorized by law 
to take depositions to be used in the courts of the United 
States, or of the State where the officer resides. 
RabpoBnaa t-r, Sec. 490G. The clerk of any court of the United States, 

witnesses. ,. ' 

—^r: — ior any district or Territory wherein testimony is to be taken 

1 Intl., sees. ■] 1, v 

». i' -"> for use m any contested case pending in the Patent Office, 

shall, upon the application of any party thereto, or of his 

agent or attorney, issue a snltpo'iia tor any witness residing 



15 

or being within such district or Territory, commanding him 
to appear and testify before any officer in such district or 
Territory authorized to take depositions and affidavits, at 
any time and place in the subpcena stated. But no witness 
shall be required to attend at any place more than forty 
miles from the place where the subpcena is served upon him. 

Sec. 4907. Every witness duly subpoenaed and in attend- witness fees. 



ance shall be allowed the same fees as are allowed to wit ibid., 8.45. 
nesses attending the courts of the United States. 

Sec. 4908. Whenever any witness, after being duly served Penalty for 

. „ , , , , I A rj. filing to attend 

with such subpcena, neglects or refuses to appear, or alter or refusing to 

appearing refuses to testify, the judge of the court whose -^— -'- 

clerk issued the subpcena may, on proof of such neglect or 45. 
refusal, enforce obedience to the process, or punish the dis- 
obedience, as in other like cases. But no witness shall be 
deemed guilty of contempt for disobeying such subpcena, un- 
less his fees and traveling expenses in going to, returning 
from, and one day's attendance at the place of examination, 
are paid or tendered him at the time of the service of the 
subpcena 5 nor for refusing to disclose any secret invention 
or discovery made or owned by himself. 

Sec. 4909. Every applicant for a patent or for the reissue Appeals from 

" c - 1 , primary examin- 

of a patent, any of the claims of which have been twice re- erstoexaminers- 

r 7 c rn-chief, 

jected, and every party to an interference, may appeal from — — — — — 

the decision of the primary examiner, or of the examiner in 
charge of interferences in such case, to the board of examin- 
ers-in-chief; having once paid the fee for such appeal. 

Sec. 4910. If such party is dissatisfied with the decision ¥rom examin . 
of the examiners-in-chief, he may, on payment of the fee commissione/ to 
prescribed, appeal to the Commissioner in person. ibid., s. 47, p. 

Sec. 4911. If such party, except a party to an interfer- y romtlieCom . 
ence, is dissatisfied with the decision of the Commissioner, missioner to the 

' Supreme Court, 

he may appeal to the Supreme Court of the District of Co- District of Co- 
lumbia, sitting in banc. ibid.! s. 48. 
Sec. 4912. When an appeal is taken to the Supreme Court 

rr r Notice of such 

of the District of Columbia, the appellant shall give notice appeal. 



thereof to the Commissioner, and file in the Patent Office, „ J J" 1 /. i87°. c. 

' 7 230, s. 49, v. 16, p. 

within such time as the Commissioner shall appoint, his 205. 
reasons of appeal, specifically set forth in writing. 

Sec. 4913. The court shall, before hearing such appeal, Proceedings on 
give notice to the Commissioner of the time and place of the p^S® court. S "" 
hearing, and on receiving such notice the Commissioner Ibid 8 51 
shall give notice of such time and place in such manner as 
the court may prescribe, to all parties who appear to be in- 
terested therein. The party appealing shall lay before the 
court certified copies of all the original papers and evidence 



16 

in the case, and the Commissioner shall furnish the court 
w ■ it 1i the grounds of his decision, fully set forth in writing, 
touching all the points involved by the reasons of appeal. 
And at the request of any party interested, or of the court, 
the Commissioner and the examiners may be examined un- 
der oath, in explanation of the principles of the thing for 
which a patent is demanded. 
Determination Sec. 4914. The court, on petition, shall hear and deter- 

Mdtoefibe^mine such appearand revise the decision appealed from 
n.i.i. .* ..-.ii." in a summary way, on the evidence produced before the 

WB^Sm!^ Commissioner, at such early and convenient time as the 
court may appoint ; and the revision shall be confined to the 
points set forth in the reasons of appeal. After hearing the 
case the court shall return to the Commissioner a certificate 
of its proceedings and decisions, which shall be entered of 
record in the Patent Office, and shall govern the further 
proceedings in the case. But no opinion or decision of the 
court in any such case shall preclude any person interested 
from the right to contest the validity of such patent in any 
court wherein the same may be called in question. 
Patents obtain- Sec. 4915. Whenever a patent on application is refused, 

eiuity- y bm in eitner °y tlie Commissioner of Patents or by the Supreme 
i bid-i 8 50. Court of the District of Columbia upon appeal from the 
Commissioner, the applicant may have remedy by bill in 
equity ; and the court having cognizance thereof, on notice 
to adverse parties and other due proceedings had, may ad- 
judge that such applicant is entitled, according to law, to 
receive a patent for his invention, as specified in his claim, 
or for any part thereof, as the facts in the case may appear. 
And such adjudication, if it be in favor of the right of the 
applicant, shall authorize the Commissioner to issue such 
patent on the applicant filing in the Patent Office a copy of 
the adjudication, and otherwise complying with the require- 
ments of law. In all cases, where there is no opposing 
party, a copy of the bill shall be served on the Commis- 
sioner ; and all the expenses of the proceedings shall be paid 
by the applicant, whether the iinal decision is in his favor 
or not. [See § G29, p. 9.] 
m. s. rei. to Sec. 780. The Supreme Court, sitting in banc, shall have 

I) A , ,i,H',^" 1 tn„„ jurisdiction of and shall hear and determine all appeals 

commtaaionerof lr <,in the decisions of the Commissioner of Patents, in ac- 
h July, 1870, ,. <' ( >i'dance with the provisions of section forty-nine hundred 

wJ'sT^. le |!: ; " m1 eleven to section forty-nine hundred and fifteen, inch* 

2051 sive, of chapter one. Title LX, of the Revised Statutes. 

"Patents, Trade-marks, and Copyrights." (Sec R. S. U. 
S., p. 958. See R. S. U. S., Sec. 699.) 



17 

Sec. 4916. Whenever any patent is inoperative or invalid, Reissue of <ie- 
by reason of a defective or insufficient specification, or by 



8 July, 1870, c. 

reason of the patentee claiming as his own invention c r 230, a. 53, v. 16, p. 
discovery more than he had a right to claim as new, if the suW w.cooper, 
error has arisen by inadvertence, accident, or mistake, and Ln m'Rouasealt 
without any fraudulent or deceptive intention, the Commis- t^GarctilBL, 

273; Reed 



sioner shall, on the surrender of such patent and the pay- BoUman^ waii., 

, 591; Commission- 
er vs. Whitely, 4 



ment of the duty required by law, cause a new patent forf 91 ' 



the same invention, and in accordance with the corrected ^ ] ^ .Fowier,^ 
specification, to be issued to the patentee, or, in the case of ^^ckwood 16 ! 
his death or of an assignment of the whole or any undivided ^ alL . 2 3«; Sey- 

° l mour us. Osborne, 

part of the original patent, then to his executors, adminis- ^ Tl ^^ s 5 Bo : 

trators, or assigns, for the unexpired part of the term of the tee, 17 wan 463 ; 
' & ' L L Ames vs. How- 

original patent. Such surrender shall take effect upon theard, isnmn.,488 ; 

issue of the amended patent. The Commissioner may, in tree Manufactur- 

his discretion, cause several patents to be issued for dis-43§ ; 1'iien ™ 

tinct and separate parts of the thing patented, upon demand 743? woodward 

of the applicant, and upon payment of the required fee for ?|' 3 ^woodworth 

a reissue for each of such reissued letters patent. The &' §?!' 261^262! 

specifications and claim in every such case shall be subject wood. & m™^ 

to revision and restriction in the same manner as original jM^frds^wood. 

applications are. Every patent so reissued, together with ^storo "co^l 

the corrected specifications, shall have the same effect and ^^'^ jpf ^art 

operation in law, on the trial of all actions for causes there- Cliff - 5 ^ ;J^ ib ; 

1 ' son vs. Hams, 1 

after arising, as if the same had been originally filed inBiatch.a69 ; Pot- 

°' ° J teres. Holland, 4 

such corrected form ; but no new matter shall be intro- Biatch. 206; Bat- 

7 ten vs. Taggert, 2 

duced into the specification, nor in case of a machine w aii., jr., 102 ; 

L ' Stanley »s.Whip- 

patent shall the model or drawings be amended, except pie, 2 McLean, 

1 , , ° ' , *37 ; Moffi t m. 

each by the other; but wheu there is neither model nor Garr.i Bond, 315. 

drawing, amendments may be made upon proof satisfactory 

to the Commissioner that such new matter or amendment 

was a part of the original invention, and was omitted from 

the specification by inadvertence, accident, or mistake, as 

aforesaid. 

Sec 4917. Whenever, through inadvertence, accident, or Disclaimer. 



mistake, and without any fraudulent or deceptive intention, rbid., a. 54, p. 
a patentee has claimed more than that of which he was the siisbycs.Foote, 
original or first inventor or discoverer, his patent shall be pf e my I-* 2 uoSe, 
valid for all that part which is truly and justly his own, mo^r^McCoT- 
provided the same is a material or substantial part of the m ) 1 6 c . k ' W j- e th°Ts! 
thing patented; aud any such patentee, his heirs or assigns, f&Hieed i-f.cm- 
whether of the whole or any sectional interest therein, may {jJlJ^ w!&nrfi! 
on payment of the fee required bylaw, make disclaimer Hau^'wiid! 4 -' 
of such parts of the thing patented as he shall not choose J**** °k - B ^; 
to claim or to hold bv virtue of the patent or assignment, $3J , .£ Bla * ob v» 95i 

17 l 07 Whitney vt. Em- 

stating therein the extent of his interest in such patent, men, 1" r.ui.iw., 

,,,,... , ,, , . . , , 313; Brooks vs. 

Such disclaimer shall be in writing, attested by one or more Jenkins, * m«- 

Lean, 449. 

5866 pat 2 



18 

witnesses, and recorded in the Patent Office; and it shall 
thereafter be considered as part of the original specification 
to the extent of the interest possessed by the claimant and 
by those claiming under him after the record thereof. But 
no such disclaimer shall affect any action pending at the 
time of its being filed, except so far as may relate to the 
question of unreasonable neglect or delay in filing it. 
suits touching Sec. 4918. Whenever there are interfering patents, any 
interfering P at - 1)ersou interested in any one of them, or in the working of 
~ 8 July, 18-0, c. the invention claimed under either of them, may have relief 
23o, s.58, v. i6, P . against . t |j e interfering patentee, and all parties interested 
wSZiamJff!' under him, by suit in equity against the owners of the inter- 
fering patent; and the court, on notice to adverse parties, 
and other due proceedings had according to the course of 
equity, may adjudge and declare either of the patents void 
in whole of in part, or inoperative, or invalid in any partic- 
ular part of the United States, according to the interest of 
the parties in the patent or the invention patented. But 
no such judgment or adjudication shall affect the right of 
any person except the parties to the suit and those deriv- 
ing title under them subsequent to the rendition of such 
judgment. 
suits for in- Sec. 4919. Damages for the infringement of any patent 

frhigement; dam- ° . ° . - , 

ages. may be recovered by action on the case, in the name of the 



party interested, either as patentee, assignee, or grantee. 

ibid., s. 59, p. And whenever in any such action a verdict is rendered for 

207 • 

"nean vs. Mason, the plaintiff, the court may enter judgment thereon for any 
poratkm' of New sum above the amount found by the verdict as the actual 
23° r How., 487; damages sustained, according to the circumstances of the 
7 Io waTi ^jS I case ? u °t exceeding three times the amount of such verdict, 
n!>-T/u ; -;n V o]i; together with the costs. 

Mitchell ro.Haw- 

l.y, 10 Watt,, 544; Philp vs. Nock, 17 Wall., 460. 

Pleading and Sec. 4920. In any action for infringement the defendant 

proof in actions , •, ,-. , . , , . . 

for infringement, may plead tlie general issue, and having given notice in 
" ibid., b. ei, p. writing to the plaintiff or his attorney, thirty days before, 
" Bianchard vs. may prove, on trial, any one or more of the following special 

Pntnam.8 Wall .. „ 

420 ; wi«er«. ai! matters: 

Ma, » wan., 737. First. That for the purpose of deceiving the public the 
description and "specification filed by the patentee in the 
Patent Office was made to contain less than the whole truth 
relative to his invention or discovery, or more than is neces- 
sary to produce the desired effect ; or, 

Second. That he had surreptitiously or unjustly obtained 
the patent for that which was in fact invented by another, 
who was using reasonable diligence in adapting and perfect- 
ing the same ; or, 



19 

Third. That it had been patented or described in some 
printed publication prior to his supposed invention or dis- 
covery thereof; or, 

Fourth. That he was not the original and first inventor 
or discoverer of any material and substantial part of the 
thing patented ; or, 

Fifth. That it had been in public use or on sale in this 
country for more than two years before his application for 
a patent, or had been abandoned to the public. 

And in notices as to proof of previous invention, knowl- 
edge, or use of the thing patented, the defendant shall state 
the names of patentees and the dates of their patents, and 
when granted, and the names and residences of the persons 
alleged to have invented, or to have had the prior knowl- 
edge of the thing patented, and where and by whom it had 
been used ; and if any one or more of the special matters 
alleged shall be found for the defendant, judgment shall be 
rendered for him with costs. And the like defenses may be 
pleaded in any suit in equity for relief against an alleged in- 
fringement: and proofs of the same may be given upon like 
notice in the answer of the defendant, and with the like effect 

Sec. 4921. The several courts vested with jurisdiction ot Powerof^ourts 
cases arising under the patent laws shall have power to tion^and^eTti- 
grant injunctions according to the course and principles of ma 6 ama ° 8 ' 
courts of equity, to prevent the violation of any right 230,^55; v. 8 ™', p! 
secured by patent, on such terms as the court may deem 2 °w odworth vs. 
reasonable; and upon a decree being rendered in any such w 9 il . son ^ o J l0 ^' 
case for an infringement, the complainant shall be entitled HoV r 587^ ' liV- 
to recover, in addition to the profits to be accounted for by ^"^g^ 1 ' 
the defendant, the damages the complainant has sustained 546: s'eymonrw! 

7 ° *■ McCormick, 16 

thereby ; and the court shall assess the same or cause the How., 489 ; Dean 

, , -, . , . . , , m. Mason, 20 

same to be assessed under its direction. And the court How., i98 ; cor- 
shall have the same power to increase such damages, in its vori^Kansom^ 
discretion, as is given to increase the damages found by ver- Moored."' Marsh! 
diets in actions in the nature of actions of trespass upon the D erCo'.' vs.'Gooi- 

nnQ _ year, 9 Wall., 788; 

l><lol« Mowreyw. Whit- 

ney, 14 Wall., 629 ; Mitchell vs. Hawley, 16 Wall., 544 ; Philip vs. Nock, 17 Wall., 460 ; Kes- 
mith vs. Calvert, 1 Wood & M., 34 ; Wo'odworth vs. Edwards, 3 Wood & M., 120 ; Voodworth 
vs. Weed, 1 Blatch., 1G5 ; Allen vs. Blunt, 1 Blatch., 486: Wilson vs. Sherman, 1 Blatch., 536; 
Goodyear vs. Day, 1 Blatch., 505; Goodyear vs. Rubber Co., 4 Blatch., 63 ; Tatham vs. Low- 
lier, 4 Blatch., 86 ; Gooityear vs. Allyn, 6 Blatch., 33 ; Ogle vs. Ege, 4 Wash., 584; Blank vs. 
Manufacturing Co., 3 Wall., jr., 196 ; Brooks vs. Strolley, 3 McLean, 523 ; Hussy vs. Whitelv, 
1 Bond, 497. 

Sec. 2. That said courts, [U. S. circuit courtsl when sit- .in patent cases. 

7 L J circuit courts 

ting in equity for the trial of patent causes, may impanel may submit ques- 

° l ^ r ' * A tions of tact to 

a jury of not less than five and not more than twelve per- jury- 
sons, subject to such general rules in the premises as may, Act of Feb. 16, 
from time to time, be made by the Supreme Court, and sub- voLi^'isfs-, k'.' 
mit to them such questions of fact arising in such cause as f i u. C s.%47.''' 9: 
such circuit court shall deem expedient. 



20 

Ami the verdict of such jury shall be treated and pro- 
ceeded upon in the same manner and with the same effect 
as in the case of issues sent from chancery to a court of 
law and returned with such findings. 
suit for in g EC 4922. Whenever, through inadvertence, accident, or 

fringoment ' ° 

when specific*- mistake, and without any willful default or intent to defraud 

tion is too broad. ' . . ._ ,, 

— 1870 c or mislead the public, a patentee has, in his specification, 
230, s. eo|v. i«,' p! claimed to be the original and first inventor or discoverer 

207. 

o'Roiiiy vs. of any material or substantial part of the thing patented, 

Morse, 1"> How., v ,..,-.,.■ i« 

62; Seymour vt. of which he was not the original and first inventor or dis- 
How., io6 ; 'siis-coverer, every such patentee, his executors, administrators, 
nHu":;T.<'''v'ninaii(l assigns, whether of the whole or any sectional interest 
in., »27™ p wyeth in the patent, may maintain a suit at law or in equity, for 
•jt; M 'T:'.<! d''!.' the infringement of any part thereof, which was bona fide 
eoo* to Pi 1 U8 > iw! his own, if it is a material aud substantial part of the thing 
stun'. wVIg.i.v"- patented, and definitely distinguishable from the parts 
jEHatoii alS^HaU claimed without right, notwithstanding the specifications 
Bhit.il, 1 198,^99^ ma y embrace more than that of which the patentee was the 
McLean fi rs ^ inventor or discoverer. But in every such case in 
449 - which a judgment or decree shall be rendered for the 

plaintiff no costs shall be recovered unless the proper dis- 
claimer has been entered at the Patent Office before the 
commencement of the suit. But no patentee shall be en- 
titled to the benefits of this section if he has unreasonably 
neglected or delayed to enter a disclaimer. 
Patent not void Sec. 4923. Whenever it appears that a patentee, at the 
vious C uso in fori time of making his application for the patent, believed him- 

cign conn ry. ^^ to ^ e ^q original and first inventor or discoverer of the 

^ ii,ui., B . 62, P . thjng patented, the same shall not be held to be void on 
i Bond?"jT C Bar. accouut of the invention or discovery, or any part thereof, 
yerjTfisk Pat liavm g been known or used in a foreign country, before his 

Das., 516; now " 

VS. Morton.lFisli. 

i'atcas.,586. or described in a printed publication. 

Extension of Sec. 4924. Where the patentee of any invention or dis- 
patenta granted l J 

prfor to i&roh 2, covery, the patent for which was granted prior to the sec- 



— ond day of March, eighteen hundred and sixty-one, shall 
230,8.63, v .io,p! desire an extension of this patent beyond the original term 
CommismonerOf ite limitation, he shall make application therefor in writ- 
WaiL,522* ely ' *i Q g to the Commissioner of Patents, setting forth the rea- 
sons why such extension should be granted: and he shall 
also furnish a written statement under oath of the ascer- 
tained value of the invention or discovery, and of his re- 
ceipts and expenditures on account thereof, sufficiently in 
detail to exhibit a true, and faithful account of the loss and 
profit in any manner accruing to him by reason of the in- 
vention or discovery. Such application shall be filed not 



21 

more than six mouths nor less than ninety days before the 
expiration of the original term of the patent; and no exten- 
sion shall be granted after the expiration of the original 
term. 

Sec. 4925. Upon the receipt of such application and the what notice of 
-payment of the fees required by law, the Commissioner shall eltenTioTmust 

cause to be published in one newspaper in the city of Wash- ° glven ' 

ington, and in such other papers published in the section of 230, s U 64, vs. iej 

the country most interested adversely to the extension of p ' 

the patent as he may deem proper, for at least sixty days 

prior to the day set for hearing the case, a notice of such 

application, and of the time and place when and where the 

same will be considered, that any person may appear and 

show cause why the extension should not be granted. 

Sec. 4926. Upon the publication of the notice of an ap- , Applications 

*• A x for extension, to 

plication for an extension, the Commissioner shall refer the whom to he re- 

ferred. 

case to the principal examiner having charge of the class 

of inventions to which it belongs, who shall make the Com- Ibl<L ' s * 65, 
missioner a full report of the case, stating particularly 
whether the invention or discovery was new and patentable 
when the original patent was granted. 

Sec. 4927. The Commissioner shall, at the time and place commissioner 
designated in the published notice, hear and decide upon cide the question 
the evidence produced both for and against the extension ; ° — 

and if it shall appear to the satisfaction of the Commis- 209. * ' 8 ' ' p ' 
sioner that the patentee, without neglect or fault on hisEdTards/a 
part, has failed to obtain from the use and sale of his inven- Gibson »*.''Har- 
tion or discovery a reasonable remuneration for the time, v.oitfs. Youig? 7 2 
ingenuity, and expense bestowed upon it, and the introduc- Blatch - 47L 
tion of it into use, and that it is just and proper, having 
due regard to the public interest, that the term of the patent 
should be extended, the Commissioner shall make a certifi- 
cate thereon-, renewing and extending the patent for the 
term of seven years from the expiration of the first term. 
Such certificate shall be recorded in the Patent Office; and 
thereupon such patent shall have the same effect in law as 
though it had been originally granted for twenty-one years. 

Sec. 4928. The benefit of the extension of a patent shall operation of 

extend to the assignees and grantees of the right to use the e xten310I1B - 

thing patented, to the extent of their interest therein. 2 o9 bid " 8 ' 6? ' p ' 

Wilson vs. Rousseau, 4 How., 646; Bloomer vs. McQuewan, 14 How., 549 ; Chaffee vs. The 
Boston Belting Co., 22 How., 22:?; Bloomer vs. Milliliter, 1 Wall.. 340; Nicholson Paving 
Co. vs. Jenkins, 14 wall., 452 ; Enuson vs. Dodge, 18 Wall., 414; Gihson vs. Cook, 2 Blatch., 
146; Blanchard vs. Whitney, 3 Blatch., 307; Day vs. Euhher Co.. 3 Blatch., 488; Phelps vs. 
Comstoek, 4 McLean, * r ^ 



22 



DESIGNS. 

Patent* for de SBC. 4929. Any person who, by his own industry, genius, 
8igD8autbo ri/ed. <flhit ^ ;iiil exncnse? 1)as invented and produced any new 
^11.1,1.. s. 7i. i' ;ui( i original design for a manufacture, bust, statue, alto-re- 
tiA^'V^va/r lievo,or bas-relief; any new and original design for the print- 

i:j3;'(;..i-!.ani c.) i nt rof woolen, silk, cotton, or other fabrics; auynewandorig- 

vg. White, 14 » ' ' ' ° 

W *J] ■ : '"'.',' : 1 l , :,M,, i i" ;l1 impression, ornament, patent, [pattern,] print, or picture 
BLatch..247;Root to be printed, painted, cast, or otherwise placed on or worked 

vs. Ball, 4 Mc- l . , » » /> i -, 

Ltau, 180. into any article of manufacture ; or any new, useful, and 

original shape or configuration of any article of manufact- 
ure, the same not having been known or used by others 
before his invention or production thereof, or patented or 
described in any printed publication, may, upon payment 
of the fee prescribed, and other due proceedings had the 
same as in cases of inventions or discoveries, obtain a pat- 
ent therefor. 
Models of de- Sec. 4930. The Commissioner may dispense with models 

signs. 

— - — - — — — of designs when the design can be sufficiently represented 
230, s. 75. v.i5. P . by drawings or photograps. 
Duration of Sec. 4931. Patents for designs maybe granted for the 

patents for de- . ° « ^ 

signs. term of three years and six months, or for seven years, or tor 

ibid., s. 73. fourteen years, as the applicant may, in his application, elect. 
Extvns i o n of Sec. 4932. Patentees of designs issued prior to the second 

patents for de- ° * 

ajgns. day of March, eighteen hundred and sixty-one, shall be 

iwd., 8.74. entitled to extension of their respective patents for the term 
of seven years, in the same maimer and under the same 
restrictions as are provided for the extension of patents for 
inventions or discoveries, issued prior to the second day of 
March, eighteen hundred and sixty one. 
Patents for de- Sec. 4933. All the regulations and provisions which apply 

signs siiliji'ct to ° r rc—n 

general rules of to obtaining or protecting patents for inventions or discov- 

pati-nt law. . . 

~^n — - — eries not inconsistent with the provisions of this Title, shall 

Ibid., 8. 76. L 

a PPly to patents for designs. 

FEES. 
iv.h i„ obtain- Sec. 4934. The following shall be the rates for patent 

ing patents, (fcc. fggg . 

"8. p. 
210. 

clfS^S^S: design cases > fifteen dollars. 

On issuing each original patent, except in design cases, 
twenty dollars. 

In design cases : For three years and six months, ten 
dollars; for seven years, fifteen dollars; for fourteen years, 
thirty dollars. 



On filing each original application for a patent, except in 



23 

On filing each caveat, ten dollars. 

On every application for the reissue of a patent, thirty 
dollars. 

On filing each disclaimer, ten dollars. 

On every application for the extension of a patent, fifty 
dollars. 

On the granting of every extension of a patent, fifty dol- 
lars. 

On an appeal for the first time from the primary examin- 
ers to the examiners in-chief, ten dollars. 

On every appeal from the examiners-in chief to the Com- 
missioner, twenty dollars. 

For certified copies of patents and other papers, including 
certified printed copies, ten cents per hundred words. 

For recording every assignment, agreement, power of 
attorney, or other paper, of three hundred words or under, 
one dollar ; of over three hundred and under one thousand 
words, two dollars ; of over one thousand words, three dol- 
lars. 

For copies of drawings, the reasonable cost of making 
them. 

Sec. 4935. Patent fees may be paid to the Commissioner Mode of pay . 

of Patents, or to the Treasurer, or any of the assistant treas- ment - 

urers of the United States, or to any of the designated de- „J! Ju iy- 18 ™- c - 

7 ^ ° 230, 8. 69, v. 16, p. 

positaries, national banks, or receivers of public money, 209. 
designated by the Secretary of the Treasury for that pur- 
pose; and such officer shall give the depositor a receipt 
or certificate of deposit therefor. All money received at 
the Patent Office, for any purpose, or from any source what- 
ever, shall be paid into the Treasury as received, without 
any deduction whatever. 

Sec. 493G. The Treasurer of the United States is author- Refunding. 



ized to pay back any sum or sums of money to any person ibid., 8.70. 
who has through mistake paid the same into the Treasury, 
or to any receiver or depositary, to the credit of the Treas- 
ury, as for fees accruing at the Patent Office, upon a certifi- 
cate thereof being made to the Treasurer by the Commis- 
sioner of Patents. 

Beit enacted, &c., That the act entitled "An act making Restrictions as 
appropriations for sundry civil expenses of the Government apply to S ubrar.v 
for the fiscal year ending June thirtieth, eighteen hundred 01 ratu ^ 0ffice - 
and seventy nine, and for other purposes," approved Juue 18 ^ ct sup. e toR'. 
twentieth, eighteen hundred and seventy-eight, be, andf^&lj'i.^ma; 
the same is hereby, amended by adding to the clause of said 3m 
act relating to the binding of books for the Departments of 
the Government, after the words " Congressional Library," 



24 

the following words: "nor to the Library of the Patent Of- 
fice," nor to the Library of the Department of State. 
classified Be it enacted, &c, [Sec. 1]. That the sum of ten thousand 
fetteif patent dollars be, and the same hereby is, appropriated, out of any 
3, ^88i° f s^p. r to moneys belonging to the patent fund in the Treasury not 
k.^s.. vol. i, P . otherwise appropriated, to be expended under the direction 
of the Commissioner of Petents in the preparation of class- 
ified abridgments of all letters patent of the United States. 
wSSZufiSSSt Sec. 2. That the said abridgment shall be printed, and 
one copy of each shall be furnished to each Senator, Bep- 
resentative, and Delegate in Congress ; one copy to each 
of eight public libraries to be designated by each Senator, 
Representative, and Delegate ; and two copies to the Li- 
brary of Congress ; and also copies to such foreign Govern- 
ments, libraries, and learned societies as the Commissioner 
of Patents may designate : Provided, That copies shall be 
cost° be s ° ld at so ^ at ^ e cos t°f printing, and all sums received from such 
sale shall, on or before the first day of each month, be paid 
into the Treasury. 

LABELS. 

301. — An act to amend the law relating to patents, trade- 
vof n i'p°4?" S "' marks, and copyrights, 

infringement Be it enacted, &c. [Section 11, That no person shall maiu- 

o f copyrights. . . , . „ . „ . . . , , 

"~r. s., s. 49G2. tain an action for the infringement of his copyright unless 
14Blatch ' 264 - he shall give notice thereof by insertiug in the several 
copies of every edition published, on the title page or the 
page immediately following, if it be a book ; or if a map, 
chart, musical composition, print, cut, engraving, photo- 
graph, painting, drawing, chromo, statue, statuary, or 
model or design intended to be perfected and completed as 
a work of the fine arts, by inscribing upon some visible por- 
tion thereof, or of the substance on which the same shall be 
mounted, the following words, viz : " Entered according to 

act of Congress, in the year , by A. B., in the office of 

the Librarian of Congress, at Washington ;" or, at his op 
tion, the word " Copyright," together with the year thecopy- 
right was entered, and the name of the party by whom it 
was taken out; thus — "Copyright, 18 — , by A. B." 
copyright fees. Sec. 2. That for recording and certifying any instrument 
k. s., s. 4958. of writing for the assignment of a copyright, the Librarian 
of Congress shall receive from the persous to whom the 
service is rendered, one dollar ; and for every copy of an 
assignment, one dollar; said fee to cover, in either case, a 
certificate of the record, under seal of the Librarian of Con- 



25 

gress ; and all fees so received shall be paid into the Treas- 
ury of the United States. 

Sec. 3. That in the construction of this act, the words Restriction on 
"engraving," "cut," and "print," shall be applied only to words "Engrav- 
pictorial illustrations or works connected with the fine arts, "print." 
and no prints or labels designed to be used for any other _ 

r ° Other prints 

articles of manufacture shall be entered under the copy- and labels may 
right law, but may be registered in the Patent Office. And Patent office. 
the Commissioner of Patents is hereby charged with the „ . . 

^ a Commissioner 

supervision and control of the entry or registry of such of Patents 
prints or labels, in conformity with the regulations pro- pervision. 

vided by law as to copyright of prints, except that there -zrr- — - 

shall be paid for recording the title of any print or label 4952, 4962. ' 
not a trade-mark, six dollars, which shall cover the expense 
of furnishing a copy of the record under the seal of the 
Commissioner of Patents, to the party entering the same. 

Sec. 4. That all laws and parts of laws inconsistent with Repeal. 
the foregoing provisions be and the same are hereby re- 
pealed. 

Sec. 5. That this act shall take effect on and after the when act takes 
first day of August, eighteen hundred and seventy-four. 

EEPEAL PROVISIONS. 

Title LXXIV, Rev. Stat., p. 1085: 

Sec. 5595. The foregoing seventy-three titles embrace a , What * Eevi8ea 

00 ° Statutes em- 

the statutes of the United States general and permanent in » r »ce. 
their nature, in force on the first day of December, one 
thousand eight hundred and seventy-three, as revised and 
consolidated by commissioners appointed under an act of 
Congress, and the same shall be designated and cited as 
The Revised Statutes of the United States. 

Sec. 5596. All acts of Congress passed prior to said first Repeal of acts 
day of December, one thousand eight hundred and seventy- vision. 
three, any portion of which is embraeed in any section of u. s. v. jordon, 
said revision, are hereby repealed, and the section applica- 
ble thereto shall be in force in lieu thereof; all parts of such 
acts not contained in such revision, having been repealed or 
superseded by subsequent acts, or not being general and 
permanent iu their nature: Provided, That the incorporation 
into said revision of any general and permanent provision, 
taken from an act making appropriations, or from an act 
containing other provisions of a private, local, or temporary 
character, shall not repeal, or in any way affect any appro- 
priation, or any provision of a private, local, or temporary 



26 

character, contained in any of said acts, but the same shall 
remain in force ; and all acts of Congress passed prior to 
said last-named day, no part of which are embraced in said 
revision, shall not be affected or changed by its enactment. 
Accrued rights Sec. 5597. The repeal of the several acts embraced in s:iid 

reserved. * 

revision shall not affect any act done, or any right accruing 
or accrued, or any suit or proceeding had or commenced in 
any civil cause before the said repeal, but all rights and lia- 
bilities under said acts shall continue, and may be enforced 
in the same manner, as if said repeal had not been made ; 
nor shall said repeal in any manner affect the right to any 
office, or change the term or tenure thereof. 
Prosecutions Sec. 5598. All offenses committed, and all penalties or 

and punish- 



forfeitures incurred under any statute embraced in said re- 
vision prior to said repeal, may be prosecuted and punished 
in the same manner and with the same effect as if said re- 
peal had not been made. 
Acts of limita- Sec. 5599. All acts of limitation, whether applicable to 

tion. 

civil causes and proceedings, or to the prosecution of 
offenses, or for the recovery of penalties or forfeitures, em- 
braced in said revision and covered by said repeal, shall not 
be affected thereby, but all suits, proceedings, or prosecu- 
tions, whether civil or criminal, for causes arising or acts 
done or committed prior to said repeal, may be commenced 
and prosecuted within the same time as if said repeal had 
not been made. 
Arrangement Sec. 5600. The arrangement and classification of the sev- 

andclassiflcation . . . , 

of sections. eral sections of the revision have been made for the purpose 
of a more convenient and orderly arrangement of the same, 
and therefore no inference or presumption of a legislative 
construction is to be drawn by reason of the Title under 
which any particular section is placed. 
Acts passed Sec. 5601. The enactment of the said revision is not to 

Bince Dec. 1,1873, . 

not affected. affect or repeal any act of Congress passed since the first 
day of December, one thousand eight hundred and seventy- 
three, and all acts passed since that date are to have full 
effect as if passed after the enactment of tliis revision, and 
so far as such acts vary from, or conflict with, any provision 
contained in said revision, they are to have effect as subse- 
quent statutes, and as repealing any portion of the revision 
inconsistent therewith. 
Approved June 22, 1874. 



27 

TEADE-MAEKS. 

AN ACT to punish the counterfeiting of trade-mark goods and the sale Aug. 14, 1876. 
or dealing in of counterfeit trade-mark goods. voL^p.s&l.' 

Penalty 
selling or offer- 

sball, with intent to defraud, deal in or sell, or keep or offering for sale goods 

' ' ' L bearing a fraudu- 

for sale, or cause or procure the sale of, any goods of sub- lent trademark. 

' * ' J & B. S., ss. 4937- 

stantially the same descriptive properties as those referred 4947. 
to in the registration of any trade-mark, pursuant to the chap. 138. 
statutes of the United States, to which, or to the package io opinVAtt'y 
in which the same are put up, is fraudulently affixed said 
trademark, or any colorable imitation thereof, calculated 
to deceive the public, knowing the same to be counterfeit 
or not the genuiue goods referred to in said registration, 
shall, on conviction thereof, be punished by fine not exceed- 
ing one thousand dollars, or imprisonment not more than 
two years, or both such fine and imprisonment. 

Sec. 2. That every person who fraudulently affixes, or Penalty for af- 
causes or procures to be fraudulently affixed, any trade- tradlma^L 
mark registered pursuant to the statutes of the United 
States, or any colorable imitation thereof, calculated to 
deceive the public, to any goods, of substantially the same 
descriptive properties as those referred to in said registra- 
tion, or to the package in which they are put up, knowing 
the same to be counterfeit, or not the genuine goods, referred 
to in said registration, shall, on conviction thereof, be pun- 
ished as prescribed in the first section of this act. 

Sec. 3. That every person who fraudulently fills,'or causes Penalty forput- 
or procures to be fraudulently filled, any package to which b^anng^fraoda 9 
is affixed any trade-mark, registered pursuant to the statutes lent trade ' mark - 
of the United States, or any colorable imitation thereof, 
calculated to deceive the public, with any goods of substan- 
tially the same descriptive properties as those referred to 
in said registration, kuowing the same to be counterfeit, or 
not the genuine goods referred to in said registration, shall, 
on conviction thereof, be punished as prescribed in the first 
section of this act. 

Sec. 4. That any person or persons who shall, with intent Manufacturing 
to defraud any person or persons, knowingly and willfully Srk. ldent trad6 " 
cast, engrave, or manufacture, or have in his, her, or their 
possession, or buy, sell, offer for sale, or deal in, any die or 
dies, plate or plates, brand or brands, engraving or engrav- 
ings, on wood, stone, metal, or other substance, moulds, or any 
false representation, likeness, copy, or colorable imitation 
of any die, plate, brand, engraving, or mould of any pri- 



28 

vatc label, brand, stamp, wrapper, engraving on paper or 
other substance, or trademark, registered pursuant to the 
statutes of the United States, shall, upon conviction thereof, 
be punished as prescribed in the first section of this act. 
Dealing in Sec. 5. That any person or persons who shall, with intcn t 

fraudulent t.ade- _ „ , J L l , .,,.„-„ 

mark. to defraud any person or persons, knowingly and willfully 

make, forge, or counterfeit, or have in his, her, or their pos 
session, or buy, sell, offer for sale, or deal in, any represent- 
ation, likeness, similitude, copy, or colorable imitation of 
any private label, brand, stamp, wrapper, engraving, mould, 
or trade-mark, registered pursuant to the statutes of the 
United States, shall, upon conviction thereof, be punished 
as prescribed in the first section of this act. 
Possession of s EC# 6. That any person who shall, with intent to injure 

empty box or ^ L ' ° 

pa. ka K e having or defraud the owner of any trade-mark, or any other person 

registered trade- " 7 " x 

mark with intent lawfully entitled to use or protect the same, buy, sell, offer 

to defraud. „ , , , . , . . . , 

for sale, deal in or have in his possession any used or empty 
box, envelope, wrapper, case, bottle, or other package, to 
which is affixed, so that the same may be obliterated with- 
out substantial injury to such box or other thing aforesaid, 
any trade-mark, registered pursuant to the statutes of the 
United States, not so defaced, erased, obliterated, and de- 
stroyed as to prevent its fraudulent use, shall, on conviction 
thereof, be punished as prescribed in the first section of 
this act. 
Proceedings to Sec. 7. That if the owner of any trade-mark, registered 

detect fraudulent ** 

trademark. pursuant to tfce statutes of the United States, or his agent, 
make oath, in writing, that he has reason to believe, and does 
believe, that any counterfeit dies, plates, brands, engravings, 
on wood, stone, metal, or other substance, or moulds of his 
said registered trade-mark, are in the possession of any 
person, with intent to use the same for the purpose of de- 
ception and fraud, or make such oaths that any counter- 
feits or colorable imitations of his said trade-mark, label, 
brand, stamp, wrapper, engravings on paper or other sub- 
stance, or empty box, envelope, wrapper, case, bottle, or 
other package, to which is affixed said registered trade- 
mark not so defaced, erased, obliterated, and destroyed as 
to prevent its fraudulent use, are in the possession of any 
person, with intent to use the same for the purpose of de- 
ception and fraud, then the several judges of the circuit 
and district courts of the United States, and the Commis- 
sioners of the circuit courts may, within their respective 
jurisdiction of jurisdictions, proceed under the law relating to search-war- 

courts. " a e8 rants, and may issue a search-warrant authorizing and di- 
recting the marshal of the United States for the proper dis- 



29 

trict to search for and seize all said counterfeit dies, plates, 
brands, engravings on wood, stone, metal, or other sub- 
stance, moulds, and said counterfeit trade-marks, colorable 
imitations thereof, labels, brands, stamps, wrappers, en- 
gravings on paper, or other substance, and said empty 
boxes, envelopes, wrappers, cases, bottles, or other pack- 
ages that can be found; and upon satisfactory proof being 
made that said counterfeit dies, plates, brands, engravings 
on wood, stone, metal, or other substance, moulds, counter- 
feit trade-marks, colorable imitations thereof, labels, brands, 
stamps, wrappers, engravings on paper or other substance, 
empty boxes, envelopes, wrappers, cases, bottles, or other 
packages, are to be used by the holder or owner for the pur- 
poses of deception and fraud, that any of said judges shall 
have full power to order all said counterfeit dies, plates, 
brands, engravings on wood, stone, metal, or other sub- 
stance, moulds, counterfeit trade- marks, colorable imita- 
tions thereof, labels, brands, stamps, wrappers, engravings, 
on paper or other substance, empty boxes, envelopes, wrap- 
pers, cases, bottles, or other packages, to be publicly de- 
stroyed. 

Sec. 8. That any person who shall, with intent to defraud Penalty for 
any person or persons, knowingly and willfully aid or abet tion of preceding 
in the violation of any of the provisions of this act, shall, 
upon conviction thereof, be punished by a fine not exceed- 
ing five hundred dollars, or imprisonment not more than 
one year, or both such fine and imprisonment. 

Approved August 14, 1876. 

AN ACT to authorize the registration of trade-marks and protect the Mch. 3, 1881. 

same - ~27stat L., 502. 

Be it enacted, &c. [Section 1], That owners of trade-marks Registration of 
used in commerce with foreign nations or with the Indian ra e ^" mar 8 ' — 
tribes, provided such owners shall be domiciled in the 4947, 'isi6, Ang. 
United States or located in any foreign country or tribes, ' 
which, by treaty, convention, or law, affords similar privi- 
leges to citizens of the United States, may obtain registra- 
tion of such trade-marks by complying with the following 
requirements : 

First. By causing to be recorded in the Patent Office a 
statement specifying name, domicile, location, and citizen- 
ship of the party applying; the class of merchandise, and 
the particular description of goods comprised in such class 
to which the particular trade-mark has been appropriated; 
a description of the trade-mark itself, with facsimiles 
thereof, and a statement of the mode in which the same is 



30 

applied and affixed to goods, and the length of time during 
which the trademark has been used. 
Fee8 Second. By paying into the Treasury of the United States 

the sum of twenty-five dollars, and complying with such 
regulations as may be prescribed by the Commissioner of 
Patents. 
niHiOToatii ltion ^ EC# ^' That the application prescribed in the foregoing 
section must, in order to create any right whatever in favor 
of the party filing it, be accompanied by a written declara- 
tion verified by the person, or by a member of a firm, or by 
an officer of a corporation applying, to the effect that such 
party has at the time a right to the use of the trade-mark 
sought to be registered, and that no other person, firm, or 
corporation has the right to such use, either in the iden- 
tical form or in any such near resemblance thereto as might 
be calculated to deceive; that such trade-mark is used in 
commerce with foreign nations or Indian tribes, as above 
indicated; and that the description and facsimiles pre 
seuted for registry truly represent the trade-mark sought 
to be registered. 
Re d?fn try and ^ EC ' ^' ^ uat tue ^ me °f tne rece ipt of any such applica- 
tion shall be noted and recorded. But no alleged trade- 
mark shall be registered unless the same appear to be law- 
fully used as such by the applicant in foreign commerce or 
commerce with Indian tribes, as above mentioned, or is 
within the provision of a treaty, convention, or declaration 
with a foreign power ; nor which is merely the name of the 
applicant ; nor which is identical with a registered or known 
trademark owned by another, and appropriate to the same 
class of merchandise, or which so nearly resembles some 
other person's lawful trade-mark as to be likely to cause 
confusion or mistake in the mind of the public, or to de- 
ceive purchasers. In an application for registration the 
of Patentsto de^ omm i ss i oner of Patents shall decide the presumptive law- 
trade-marks" 8 toiamess or claim to tbe alleged trademark ; and in any dis- 
pute between an applicant and a previous registrant, or be- 
tween applicants, he shall follow, so far as the same may be 
applicable, the practice of courts of equity of the United 
States in analogous cases. 
Certificates of g EC# 4, That certificates of registry of trade-marks shall 

registry; bow & J 

is8 " e, V r . be issued in the name of the United States of America, 

Copies of, &c, 

to be evidence in under the seal of the Department of the Interior, and shall 

suits. L 

be signed by the Commissioner of Patents, and a record 
thereof, together with printed copies of the specifications, 
shall be kept in books for that purpose. Copies of trade- 
marks and of statements and declarations filed therewith 



31 

and certificates of registry so signed and sealed shall be 
evidence in any suit in which such trade-marks shall be 
brought in controversy. 

Sec. 5. That a certificate of registry shall remain in force Duration of 
for thirty years from this date, except in cases where the renewal 011 
trade-mark is claimed for and applied to articles not manu- 
factured in this country, and in which it receives protection 
under the laws of a foreign country for a shorter period, in 
which case it shall cease to have any force in this country 
by virtue of this act at the time that such trade mark ceases 
to be exclusive property elsewhere. At any time during the 
six months prior to the expiration of the term of thirty 
years such registration may be renewed on the same terms 
and for a like period. 

Sec. G. That applicants for registration under this act credit for fee 
shall be credited for any fee or part of a fee heretofore paid previously paid - 
in the Treasury of the United States with intent to procure 
protection for the same trade- mark. 

Sec. 7. That registration of a trade-mark shall be prima Reparation 

.... ,. , . . , , „ prima fade evi- 

facie evidence o± ownership. Any person who shall repro- dence of owner- 
duce, counterfeit, copy, or colorably imitate any trade-mark 
registered under this act and affix the same to merchan- counterfeiting, 
dise of substantially the same descriptive properties as*h e ; d. how pnn ' 
those described in the registration shall be liable to an ac- 
tion on the case for damages for the wrongful use of said 
trade-mark at the suit of the owner thereof • and the party 
aggrieved shall also have his remedy according to the course 
of equity to enjoin the wrongful use of such trade mark used 
in foreign commerce or commerce with Indian tribes, as 
aforesaid, and to recover compensation therefor in any court 
having jurisdiction over the person guilty of such wrongful jurisdiction of 
act; and courts of the United States shall have original court8 ' 
and appellate jurisdiction in such cases without regard to 
the amount iu controversy. 

Sec. 8. That no action or suit shall be maintained under Restrictions 
the provisions of this act in any case when the trade-mark rXn|ement. for 
is used in any unlawful business or upon any article inju- 
rious in itself, or which mark has been useel with the design 
of deceiving the public in the purchase of merchandise, or 
under any certificate of registry fraudulently obtained. 

Sec. 9. That any person who shall procure the registry Fraudulent 
of a trade-mark, or of himself as the cwner of a trade-mark, 
or an entry respecting a trademark, in the office of the Com- 
missioner of Patents, by a false or fraudulent representa- 
tion or declaration, orally or in writing, or by any fraudu- 
lent means, shall be liable to pay any damages sustained iu 



32 

consequence thereof to the injured party, to be recovered in 
an action on the case. 
Former rights g EC# io. That nothing in this act shall prevent, lessen, 

anil remedies pro- ° * ' 

served. impeach, or avoid any remedy at law or in equity which any 

party aggrieved by any wrongful use of any trade-mark 

might have had if the provisions of this act had not been 

passed. 

Saving as to g E0 ^ T1]at nothing j n this act shall be construed as 

rights after ex- ° 

piration of term, unfavorably affecting a claim to a trade-mark after the term 
of registration shall have expired; nor to give cognizance 
to any court of the United States in any action or suit be- 
tween citizens of the same State, unless the trade-mark in 
controversy is used on goods intended to be transported to 
a foreign country, or in lawful commercial intercourse with 
an Indian tribe. 
Regulations Sec. 12. That the Commissioner of Patents is authorized 

for transfer of .,»/., 

rights. to make rules and regulations and prescribe forms for the 

transfer of the right to use trade-marks and for recording 
such transfers in his office. 
Trade mark for Sec. 13. That citizens and residents of this country wish- 

may SB h C e° U regfs 8 ing the protection of trade-marks in any foreign country the 
laws of which require registration here as a condition pre- 
cedent to getting such protection there may register their 
trade marks for that purpose as is above allowed to foreign- 
ers, and have certificate thereof from the Patent Office. 
[March 3, 1881.] 

Angnst 5, 1882. AN ACT relating to the registration of trade-marks. 

Be it enacted by the Senate and House of Representatives of 
Registration of the United States of America in Congress assembled, That 
nothing contained in the law entitled "An act to authorize 
the registration of trademarks and protect the same," ap- 
proved March third, eighteen hundred and eighty-one, shall 
prevent the registry of any lawful trade-mark rightfully 
used by the applicant in foreign commerce or commerce 
with Indian tribes at the time of the passage of said act. 

Approved August 5, 1882. 

22 stat., 490. Section 2496. No watches, watch-cases, watch-mo ve- 

Prohibition ments, or parts ot watch-movements, or any other articles 

Konof simulated of foreign manufacture, which shall copy or simulate the 

weufcTetc. move 'naine or trademark of any domestic manufacture, [inanu- 

R.S. 2496, 458. facturer,] shall be admitted to entry at the custom-house of 

the United States, unless such domestic manufacturer is 

the importer of the same. And in order to aid the officers 

of the customs in enforcing this prohibition, any domestic 

manufacturer who 1ms adopted trade-marks may require 



33 

his name and residence and a description of his tiade-marks 
to be recorded in books which shall be kept for that purpose 
in the Department of the Treasury, under such regulations 
as the Secretary of the Treasury shall prescribe, and may 
furnish to the Department fac similes of such trade-marks; 
and thereupon the Secretary of the Treasury shall cause 
one or more copies of the same to be transmitted to each 
collector or other proper officer of the customs. 
586G pat 3 



INDEX 



Subject. 



Section. 



Page. 



Abandonment by delay of two years averted when Commissioner 
is satisfied tbat delay was unavoidable 

of application by delay of two years 

after bearing on renewed application 

Abridgment of patents, appropriation for (act Marcb 3, 1881) 

Account of moneys received to be rendered to tbe proper officers 

of tbe Treasury 

Action for infringement 

plea 

Administrator or executor to make oatb, wben 

Affidavits and deposi tions 

Alien may file caveat after one year's residence and declaration.. 

Amendment in reissue sball not introduce new matter 

Annual report, wben made and wbat to contain 

Appeals, certificate of decision of supreme court of District of 
Columbia to be entered of record in tbe United States 
Patent Office 

from board of examiners-in-cbief 

from examiner of interferences 

mode of proceeding 

twenty days allowed in case of interference 

to Commissioner from examiners-in-cbief 

to examiners-in-cbief from examiner of interferences 

to examiners-in- chief after second rejection 

to supreme court of District of Columbia 

to tbe Supreme Court of tbe United States 

Applicant, oatb of, before whom taken 

shall be notified of interference 

Application, abandonment of, by delay of two years 

for patent, what to contain 

for registration of trade-mark 

for renewal 

for reissue 

may be made by executor or administrator 

must be completed within two years 

must be sworn to by inventor, if living 

right of purchaser before 

Appointments, how made 

Article patented must be so marked 

Assignment by instrument in writing 

before application for patent is made 

fees for recording 

must be recorded within three months 

must be recorded in Patent Office 

Assistant Commissioner, how appointed. 

salary of 

Attorneys may be refused recognition for misconduct 

Binding for library of pateut exempt from restrictions (act Feb- 
ruary 26, 1879) 

Bill in equity may be filed to compel issue of patent 

Bonds of Commissioner, chief clerk, and financial clerk 

Caveat, any citizen who desires time to complete invention may 
file 

shall be filed in confidential archives 

when interfering must be completed withiu threo months . .. 
Certificate of copyright (chapter 1501, 1874) 

of extension shall be recorded 

35 



4897 



479 
4919 
4920 
4896 
4905 
4902 
4916 

494 



4914 
4904 
4904 
4888-4891 
4904 
4910 
4909 
4909 
4911-4914 
690-699 
4892 
4904 
4894 
4888 
2 
4897 
4895 
4896 
4894 
4895 
4899 
476 
4900 
4898 
4899 
4934 
4898 
4895 
476 
477 
487 



4915 
479 

4902 
4902 

4902 



16 
14 

14 

10 
14 
15 
15 
15 

7 
11 
14 
11 
10 
30 
12 
11 
11 
11 
11 
12 
3 
13 
12 
12 
22 
12 
11 
3 
3 
5 

23 
16 



13 
13 
13 

24,25 
21 



36 



Subject. 



Section. 



Certified copies of any records, books, papers or drawings be- 
longing to the Patent Office may be obtained 

of foreign patents '. 

shall be furnished to Supreme Court in appeals 

to be placed in the clerk's office of United States courts 

to be used in evidence 

Chief clerk, salary of 

to give bond 

Claim, what to cover 

Clerk of United States court may summon witness in interference 
cases 



of United States Patent Office, how appointed 

Commissioner, appeal to 

how appointed 

may be summoned as witness by supreme court, District of 
Columbia 

may establish rules in interference cases 

salary of 

shall be notified of hearings by supreme court of District of 
Columbia 

shall cause examination to be made 

shall hear and decide in extension cases 

to control registration of labels (chapter 301, 1874) 

to countersign patents 

to establish regulations 

to establish rules for taking testimony 

to give bond 

to have charge of all books, records, models, &c 

to have charge of collections of exploring expedition 

to prescribe regulations in filing trade-marks 

to report annually to Congress 

to superintend grant of patents under direction of Secretary 

of the Interior 

Composition of matter, specimens of ingredients maybe required. 

Contracts for lithographing (act March 3, 1885) 

Copyright, articles protected by, must be marked (chapter 301, 
1874) 

construction of statute (chapter 301 , 1S74) 

fee for recording (chapter 301, 1874) 

what may be protected by (chapter 301, 1874) 

Costs of suits 

Counterfeiting trade-mark, penalties (act August 14, 1870) 

Damages cannot be recovered unless defendant has been notified 
of infringement 

for infringement, how obtained 

Decision of Commissioner, appeal from 

Defense in suits for infringement 

Design patents, extension of 

subject to same provisions as other patents 

for what granted 

Designs, torm of patent for 

examiner of 

Disbursements, by disbursing clerk of Interior Department, all.. 
Disclaimer, effect of 

how filed 

must be filed before commencement of suit 

Division of patent on reissue 

Draftsman, skilled, salary of 

Drawiug and specification shall bo part of patent 

attached to patent as part of specification 

how signed and witnessed 

in reissue shall not be amended except by model 

Drawings and specification, how supplied to public libraries 

copyists of, salary 

cost of copies of 



892 
893 

4913 

490,894 

892 

440 

479 

4888 

4906 
476 

4910 
476 

4913 

4905 

477 

4913 
4893 

4927 



4883 
483 

4905 
479 
481 
495 
1 
494 

481 
4890 



4918, 4920 



4900 
4919 
4911-4914 
4920 
4932 
4933 
4929 
4931 



496 

4917 

4917 

973, 4922 

4916 

440 
4884 
4889 
4889 
4916 

591 

440 
4934 



37 



Subject. 



Section. 



Page. 



Drawings and specification — Continued. 

preservation of 

to be printed 

Employ6s of Patent Office, bow appointed 

incapable of acquiring any interest in a patent 

Examination, applicants shall be notified of rejection on 

in reissue, applications 

in applications for extension 

to be made of alleged invention 

Examiner, duty of 

may be summoned as witness 

of designs 

of interferences 

of trade-marks 

salary of principal 

of first assistant 

of second assistant 

of tbird assistant. 

to report in extension cases 

Examiners-in-cbief, duties of 

bow appointed 

legal and scientific ability of 

salary of - 

Executors or administrators to apply for patent, if inventor is dead 

Exemplary damages 

Extension, application for, must be advertised 

application for, referred to principal examiner 

certificate of, shall be recorded 

evidence for and against, sball be beard by Commissioner... 

of design patent - 

of patent, effect of 

of patent granted prior to March 2, 1861 

shall inure to assignees to extent of their interest 

sworn statement to accompany application for 

Fee for registering label (chapter 301, 1874) 

Fees, amount of 

how paid 

to witness in interference cases 

Final fee, if not paid within six months, patent withheld 

Foreign patent, to limit term of American patent, when 

use no bar to grant of patent 

Forfeited application, renewal of 

Gazette (see Official Gazette). 

Infringement, action for .. 

costs not recoverable in certain suits 

of trade mark, penalty for 

plea and special matters to be proved 

suits for 

Injunctions may be granted by court having jurisdiction 

Interference, applicant shall be notified of , 

Interfering patents, how set aside 

J urisdiction of United States circuit courts 

of United States Supreme Court 

Jury trials (act February 16, 1875) 

Label, fee for registration of (chapter 301, 1874) 

Labels (chapter 301, 1874) 

Laborer, skilled, selary of 

Librarian, salary of 

Library 

Library of Congress to he supplied with certified copies of pat- 
ents 

License to use invention 

Machinist, salary of 

Marine engines, patented, must be recommended by board of en- 
gineers 

Messenger and purchasing clerk, salary of 



475 

490 

476 

480 

4903 

4916 

4926 

4893 

4904 

4913 



440 

440 

440 

440 

440 

440 

4926 

482, 4909 

476 

482 

477 

4913 

4919, 4921 

4925 

4926 

4927 

4927 

4932 

4927 

4924 

4928 

4924 



4934 
4935 
4907 
4885 

4887 
4923 
4897 

4919 
973 

4920 
4922 
4921 
4904 
4918 
629,711 
690 



440 
440 



490 

4899 

440 

1537 

440 



3 

5 

3 

4 

14 

17 

21 

11 

14 

15 

4 

3 

3 

3 

4 

4 

4 

21 

5,15 

3 

4 

3 

15 

18,19 

21 

21 

21 

21 

22 

21 

20 

21 



20,23 
23 
15 



38 



Subject. 



Section. 



Model in reissue shall not be amended except by drawing 

Model room, attendants in 

to be kept open 

Model shall be furnished if required 

Models in design cases may be dispensed with 

in rejected applications may be returned 

preservation of 

rejected, may be disposed of 

specimens, &c. , how arranged 

Money paid by mistake, how refunded 

received, account of, to be rendered 

received for fees, &c, to be paid into the Treasury 

received from sale of models, &c, to be paid into the Treas- 
ury 

Notice of allowance of a patent 

of appeal to the supreme court of the District of Columbia .. 

of rejection of an application 

to the public that invention is patented 

Oath in patent cases 

in trade-mark cases 

before whom taken in the United States 

before whom taken in foreign countries 

to be made by executor or administrator, if inventor is dead. 

what to cover 

Officers and employe's of the United States not to be paid royalty 
for Government use of Springfield breech-loading system.. 

to obtain patents without fees, by consenting to Government 
use of invention fact. March 3, 1883) 

of United States Patent Office not to acquire interest in pat- 
ents 

Official Gazette, plates for ( act March 3, 1885) 

distribution of, to public libraries 

subscription price of 

Papers, badly written, printed at cost of party filing 

Patent-agent, punishment by Commissioner subject to* approval 

of Secretary 

Patent, a printed description bars the grant of 

Patent, duration of 

employe's of Patent Office not to acquire an interest in 

for what granted 

for designs 

foreign use no bar to grant of 

how issued, attested, aud recorded 

may be granted to assignee 

office in Department of Interior 

obtainable by bill in equity 

shall be countersigned by the Commissioner 

shall be signed by the Secretary of the Interior 

to be authenticated by the seal of Patent Office 

to officers and employe's of United States Government with- 
out fees, conditionally (act March 3, 1885) 

to be withheld for non-payment of final fee 

to bear date when 

to expire at same time with foreign 

what to contain 

Patented article must be marked 

Patentee shall be notified of interference 

Penalty for deceptive marking of unpatented articles 

for false registration of trade-mark 

Phototithograpbiug to be done in the citv of Washington (act 

March 3, 1885) , 

Printed, claims of current issues may be 

laws, decisions, regulations, and circulars may be 

papers not legibly written to bo 

publication bar to a patent 

specifications and drawings may be 



4916 
440 
484 

4891 

4930 
485 
475 
485 
484 

4936 
479 

4935 

485 
4885 

4912-4913 
4903 
4900 

4892,4895 
2 
4892 
4892 
4896 
4892 

1673 



488 



488 

487 

4 -si; 

4884-4887 

480 
4«f> 
4929 
4887 
4883 
4895 

475 
4915 
4883 
4883 

478 



4885 
4887 
4884 
4909 
4904 
4901 
9 



489 

489 

488 

4886 

490 



39 



Subject. 



Section. 



Page. 



Priority of invention determined by primary examiner 

Public libraries, bow supplied witb copies of specifications and 

drawings 

Public use of invention bar to a patent 

use of invention in foreign countries not a bar to a patent 
Purchaser not liable for infringement on article made prior io ap- 
plication 

Purchasing clerk and messenger, salary of 

Records of patents 

Re-examination to be made after first rejection, if desired 

Refundment of money paid by mistake 

Reissue application must be sworn to by inventor in patents 
granted since July 8, 1870 

by reason of defective specification 

for unexpired term of original patent 

Reissues may be granted to assignee, when 

Reissue patent to contain no new matter 

Rejected applications, renewal of . . 

Rejection, applicant sball be notified of reasons for 

Renewal of forfeited application 

Report to Congress, when and what to contain 

Revised Statutes, accrued rights reserved under 

acts of limitation not affected by 

arrangement and classification of 

do not repeal acts passed since December 1, 1873 

penalties and punishments under 

repeal provisions 

what to embrace 

Royalty not to be paid to United States officers for use of Spring- 
field breech-loading system 

Rules for taking testimony, Commissioner to establish 

Seal of Patent Office 

Specification, how signed 

how witnessed 

if defective, reissue to correct 

in reissue, how signed 

in reissue, may be amended on sufficient proof 

preservation of 

Specification and drawing shall be part of patent 

bound volumes, to public libraries 

bound volumes to each Executive Department 

bound volumes to State libraries 

bound volumes to United States district courts 

sale of 

to be printed for bound volumes 

to be printed for sale (act July 8, 1870) 

uncertified copies, price of 

Specimens, may be required when 

State libraries to have certified copies of all patents 

Statute, construction of, in copyright (chapter 301, 1874) 

Statutes, Revised, what to embrace 

Subpoenas, to witnesses 

Supreme court District of Columbia, appeal to 

may revise decision of Commissioner 

Surrender of old patent to take effect on reissue 

Trade-marks, application for 

applicant's name not registrable 

bar to registration 

certificate of registration, how issued 

copies of, to be used in suits 

counterfeiting, how punished 

credit for fee previously paid 

declaration under oath 

duration of protection 

fac-similes to be recorded 

fees for registration 



4904 

491 

4886 
4923 



440 

475 

4903 



4916 
4916 
4895 , 
4916 
4897 
4903 
4897 
494 
5597 
5599 
5600 
5601 
5598 
5596 
5595 

1673 

4905 

479 



4916 

4895 

4916 

475 

4884 

491 

12 

490 

490 

491 

490 

20 

493 

4890 

490 



4906 
4911-4914 
4914 
4916 
2 
3 
3 
4 
4 
7 
6 



26 



5 
5 
6 
5 
7 
6 

10 
5 
24,25 
25 
14 
15,16 
16 
17 
30 
30 
30 
30 
30 
31 
31 
30 
31 
29 
29 



40 



Subject. 



Trade-marks — Continued. 

interfering applications 

infringement, restrictions upon actions for 

penalties for counterfeiting, &c. (act August 14, 187G) 

renewal 

transfer of rights 

what is registrable ? 

who may register 

United States courts may grant injunctions 

to have certified copies of all patents 

United States officers not to receive royalty for Springfield breech- 
loading system 

Unpatented article, penalty for deceptive mark 

Witness, fees of, interference cases 

in interference summoned by clerk of United States court . . . 

to disclaimer 

to drawings 

to specification 

when in contempt 




Pago. 



30 
31 
27,29 
31 
32 
30 
30 
19 
5 



UNITED STATES STATUTES 



CONCERNING THE 



Protection aid Registration of Trade-marks aid Labels, 



WITH THE 



RULES OF THE PATENT OFFICE RELATING THERETO. 



EDITION OF NOVEMBER 1, 1886. 



5800 T M 






CONTENTS. 



Page. 

1. Trade-mark law of March 3, 1881 5 

2. Act of August 5, 1882 7 

3. Act of August 14, 1876 8 

4. Eulesofthe Patent Office 11 

5. Forms 16 

6. Order of the Treasury Department under section 2496 Revised Statutes 20 

7. Registration of prints and labels 21 

8. Trade-mark treaties 24 

9. Appendix containing rules of the Patent Office of general application 25 

10. Classification of Registered trade-marks 29 

11. Index to Statutes 31 

12. Index to Rules 33 

(3) 



TRADE-MARKS. 



AN ACT TO AUTHORIZE THE REGISTRATION OF TRADE-MARKS AND PROTECT THE 

SAME. 

Be it enacted by the Senate and Blouse of Representatives of the United 
States in Congress assembled, That owners of trade-marks used iu com- 
merce with foreign nations or with the Indian tribes, provided such 
owners shall be domiciled in the United States or located in any foreign 
country or tribes, which, by treaty, convention, or law, affords similar 
privileges to citizens of the United States, may obtain registration of 
such trade-marks by complying with the following requirements : 

First. By causing to be recorded in the Patent Office a statement 
specifying name, domicile, location, and citizenship of the party apply- 
ing ; the class of merchandise, and the particular description of goods 
comprised in such class to which the particular trade-mark has been 
appropriated; a description of the trade-mark itself, with facsimiles 
thereof, and a statement of the mode in which the same is applied and 
affixed to goods, and the length of time during which the trade-mark 
has been used. 

Second. By paying into the Treasury of the United States the sum 
of twenty-five dollars, and complying with such regulations as may be 
prescribed by the Commissioner of Patents. 

Sec. 2. That the application prescribed in the foregoing section must, 
in order to create any right whatever in favor of the party filing it, be 
accompanied by a written declaration verified by the person, or by a 
member of a firm, or by an officer of a corporation applying, to the 
effect that such party has at the time a right to the use of the trade- 
mark sought to be registered, and that no other person, firm, or cor- 
poration has the right to such use, either in the identical form or in 
any such near resemblance thereto as might be calculated to deceive ; 
that such trade-mark is used in commerce with foreign nations or In- 
dian tribes, as above indicated j and that the description and fac-similes 
presented for registry truly represent the trade-mark sought to be 
registered 

Sec. 3. That the time of the receipt of any such application shall be 
noted and recorded. But no alleged trade-mark shall be registered 

(5) 



unless the same appear to be lawfully used as such by the applicant in 
foreign commerce or commerce with Indian tribes, as above mentioned, 
or is within the provision of a treaty, convention, or declaration with a 
foreign power ; nor which is merely the name of the applicant ; nor 
which is identical with a registered or known trade-mark owned by 
another, and appropriate to the same class of merchandise, or which so 
nearly resembles some other person's lawful trade-mark as to be likely 
to cause confusion or mistake in the mind of the public, or to deceive 
purchasers. In an application for registration the Commissioner of 
Patents shall decide the presumptive lawfulness of claim to the alleged 
trade-mark ; and in any dispute between an applicant and a previous 
registrant, or between applicants, he shall follow, so far as tbe same 
may be applicable, the practice of courts of equity of the United States 
in analogous cases. 

Sec. 4. That certificates of registry of trade-marks shall be issued in 
the name of the United States of America, under the seal of the Depart- 
ment of the Interior, and shall be signed by the Commissioner of Pat- 
ents, and a record thereof, together with printed copies of the specifi- 
cations, shall be kept in books for that purpose. Copies of trade-marks 
and of statements and declarations filed therewith, and certificates of 
registry so signed and sealed shall be evidence in any suit in which 
such trade-marks shall be brought in controversy. 

Sec. 5. That a certificate of registry shall remain in force for thirty 
years from its date, except in cases where the trade-mark is claimed 
for and applied to articles not manufactured in this country, and in 
which it receives protection under the laws of a foreign country for a 
shorter period, in which case it shall cease to have any force in this 
country by virtue of this act at the time th at such trade-mark ceases 
to be exclusive property elsewhere. At any time during the six months 
prior to the expiration of the term of thirty years such registration may 
be renewed on the same terms and for a like period. 

Sec. 6. That applicants for registration under this act shall be cred- 
ited for any fee or part of a fee heretofore paid into the Treasury of the 
United States with intent to procure protection for the same trade- 
mark. 

Sec. 7. That registration of a trade-mark shall be prima facie evi- 
dence of ownership. Any person who shall reproduce, counterfeit, copy, 
or colorably imitate any trade-mark registered under this act and affix 
the same to merchandise of substantially the same descriptive proper- 
ties as those described in the registration shall be liable to an action on 
the case for damages for the wrongful use of said trade-mark at the suit 
of the owner thereof; and the party aggrieved shall also have his rem- 
edy according to the course of equity to enjoin the wrongful use of such 
trade-mark used in foreign commerce or commerce with Indian tribes, 
as aforesaid, and to recover compensation therefor in any court having 






jurisdiction over the person guilty of such wrongful act; and courts of 
the United States shall have original and appellate jurisdiction in such 
cases without regard to the amount in controversy. 

Sec. 8. That no action or suit shall be maintained under the provis- 
ions of this act in any case when the trade-mark is used in any unlawful 
business or upon any article injurious in itself, or which mark has been 
used with the design of deceiving the public in the purchase of merchan- 
dise, or under any certificate of registry fraudulently obtained. 

Sec. 9. That any person who shall procure the registry of a trade- 
mark, or of himself as the owner of a trade-mark, or an entry respecting 
a trade-mark, in the office of the Commissioner of Patents, by a false 
or fraudulent representation or declaration, orally or in writing, or by 
any fraudulent means, shall be liable to pay any damages sustained in 
consequence thereof to the injured party, to be recovered in an action 
on the case. 

Sec. 10. That nothing in this act shall prevent, lessen, impeach, or 
avoid any remedy at law or in equity which any party aggrieved by any 
wrongful use of any trade-mark might have had if the provisions of this 
act had not been passed. 

Sec. 11. That nothing in this act shall be construed as unfavorably 
affecting a claim to a trade-mark after the term of registration shall 
have expired 5 nor to give cognizance to any court of the United States 
in an action or suit between citizens of the same State, unless the trade- 
mark in controversy is used on goods intended to be transported to a 
foreign country, or in lawful commercial intercourse with an Indian 
tribe. 

Sec. 12. That the Commissioner of Patents is authorized to make rules 
and regulations and prescribe forms for the transfer of the right to use 
trade-marks and for recording such transfers in his office. 

Sec. 13. That citizens and residents of this country wishing the pro- 
tection of trade-marks in any foreign country the laws of which require 
registration here as a condition precedent to getting such protection 
there may register their trade-marks for that purpose as is above allowed 
to foreigners, and have certificate thereof from the Patent Office. 

Approved March 3, 1881. 

AN ACT RELATING TO THE REGISTRATION OF TRADE-MARKS. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That nothing contained in the 
law entitled "An act to authorize the registration of trade-marks and 
protect the same," approved March third, eighteen hundred and eighty- 
one, shall prevent the registry of any lawful trade-mark rightfully used 
by the applicant in foreign commerce or commerce with Indian tribes 
at the time of the passage of said act. 

Approved August 5, 1882. 



AN ACT TO PUNISH THE COUNTERFEITING OF TRADE-MARK GOODS AND THE SALE 
OR DEALING IN OF COUNTERFEIT TRADE-MARK GOODS. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That every person who shall, 
with intent to defraud, deal in or sell, or keep or offer for sale, or cause 
or procure the sale of, any goods of substantially the same descriptive 
properties as those referred to in the registration of any trade-mark, 
pursuant to the statutes of the United States, to which, or to the pack- 
age in which the same are put up, is fraudulently affixed said trade- 
mark, or any colorable imitation thereof, calculated to deceive the pub- 
lic, knowing the same to be counterfeit or not the genuine goods referred 
to in said registration, shall, on conviction thereof, be punished by fine 
not exceeding one thousand dollars, or imprisonment not more than 
two years, or both such fine and imprisonment. 

Sec. 2. That every person who fraudently affixes, or causes or pro- 
cures to be fraudulently affixed, any trade-mark registered pursuant to 
the statutes of the United States, or any colorable imitation thereof, 
calculated to deceive the public, to any goods, of substantially the same 
descriptive properties as those referred to in said registration, or to the 
package in which they are put up, knowing the same to be counterfeit, 
or not the genuine goods referred to in said registration, shall, on con- 
viction thereof, be punished as prescribed in the first section of this 
act. 

Sec. 3. That every person who fraudently fills, or causes or pro- 
cures to be fraudulently filled, any package to which is affixed any 
trade-mark, registered pursuant to the statutes of the United States, or 
any colorable imitation thereof, calculated to deceive the public, with 
any goods of substantially the same descriptive properties as those re- 
ferred to in said registration, knowing the same to be counterfeit, or 
not the genuine goods referred to in said registration, shall, on convic- 
tion thereof, be punished as prescribed in the first section of this act. 

Sec. 4. That any person or persons who shall, with intent to defraud 
any person or persons, knowingly and willfully cast, engrave, or manu- 
facture, or have in his, her, or their possession, or buy, sell, or offer for 
sale, or deal in, any die or dies, plate or plates, brand or brands, en- 
graving or engravings, on wood, stone, metal, or other substance, moulds, 
or any false representation, likeness, copy, or colorable imitation of any 
die. plate, brand, engraving, or mould of any private label, brand, stamp, 
wrapper, engraving on paper or other substance, or trade-mark, regis, 
tered pursuant to the statutes of the United States, shall, upon convic- 
tion thereof, be punished as prescribed in the first section of this act. 

Sec. 5. That any person or persons who shall, with intent to defraud 
any person or persons, knowingly and willfully make, forge, or coun- 
terfeit, or have in his, her, or their possession, or buy, sell, offer for sale, 
or deal in, any representation, likeness, similitude, copy, or colorable 



9 

imitation of any private label, brand stamp, wrapper, engraving, mould, 
or trade mark, registered pursuant to the statutes of the United States, 
shall, upon conviction thereof, be punished as prescribed in the first sec- 
tion of this act. 

Sec. 6. That any person who shall, with intent to injure or defraud 
the owner of any trade-mark, or any other person lawfully entitled to 
use or protect the same, buy, sell, offer for sale, deal in or have in his 
possession any used or empty box, envelope, wrapper, case, bottle, or 
other package, to which is affixed, so that the same may be obliterated 
without substantial injury to such box or other thing aforesaid, any 
trade-mark, registered pursuant to the statutes of the United States, 
not so defaced, erased, obliterated, and destroyed so as to prevent its 
fradulent use, shall, on conviction thereof, be punished as prescribed 
in the first section of this act. 

Sec. 7. That if the owner of any trade-mark, registered pursuant to 
the statutes of the United States, or his agent, make oath, in writing, 
that he has reason to believe, and does believe, that any counterfeit 
dies, plates, brands, engravings on wood, stone, metal, or other sub- 
tance, or moulds of his said registered trade-mark, are in the posses- 
sion of any person, with intent to use the same for the purpose of de- 
ception and fraud, or makes such oaths that any counterfeits or color- 
able imitations of his said trade-mark, label, brand, stamp, wrapper, 
engraving on paper or other substance, or empty box, envelope, wrap- 
per, case, bottle, or other package, to which is affixed said registered 
trade-mark not so defaced, erased, obliterated, and destroyed as to pre- 
vent its fradulent use, are in the possession of any person, with intent 
to use the same for the puspose of deception and fraud, then the several 
judges of the circuict and district courts of the United States and the 
commissioners of the circuit courts may, within their respective jurisdic- 
tions, proceed under the law relating to search-warrants, and may issue 
a search-warrant authorizing and directing the marshal of the United 
States for the proper district to search for and seize all said counterfeit 
dies, plates, brands, engravings on wood, stone, metal, or other sub- 
stauce, moulds, and said counterfeit trade-marks, colorable imitations 
thereof, labels, brands, stamps, wrappers, engravings on paper, or other 
substances, and said empty boxes, envelopes, wrappers, cases, bottles, 
or other packages that can be found ; and upon satisfactory proof being 
made that said counterfeit dies, plates, brands, engravings on wood, 
stone, metal, or other substance, moulds, counterfeit trade-marks, color- 
able imitations thereof, labels, brands, stamps, wrappers, engravings on 
paper or other substance, empty boxes, envelopes, wrappers, cases, bot- 
tles, or other packages, are to be used by tbe holder or owner for the 
purposes of deception aud fraud, that any of said judges shall have full 
power to order all said counterfeit dies, plates, brands, engravings on 
wood, stone, metal, or other substance, moulds, counterfeit trade-marks, 



10 

colorable imitations tbereof, labels, brands, stamps, wrappers, engrav- 
ings on paper or otber substance, empty boxes, envelopes, wrappers, 
cases, bottles or other packages, to be publicly destroyed. 

Sec. 8. That any person who shall, with intent to defraud any person 
or persons, knowingly and willfully aid or abet in the violation of any 
of the provisions of this act, shall, upon conviction thereof, be punished 
by a fine not exceeding five hundred dollars, or imprisonment not more 
than one year, or both such fine and imprisonment. 

Approved August 14, 1876. 



RULES AND FORMS ADOPTED BY THE UNITED STATES PATENT 
OFFICE FOR THE REGISTRATION OF TRADE-MARKS UNDER 
THE ACT OF MARCH 3, 1881. 



United States Patent Office, 
Washington, J). C, December 17, 1884. 
The following regulations, designed to be in strict accordance with 
the provisions of the act of March 3, 1881, for the registration of trade- 
marks, are published for gratuitous distribution. 

Applicants for registration and their attorneys are advised that their 
business will be facilitated by the observance as closely as possible of 
the appended forms. 

BENJ. BUTTERWORTU, 

Commissioner of Patents. 



WHO MAY OBTAIN REGISTRATION. 

1. (a.) Any person, firm, or corporation domiciled in the United States 
or located in any foreign country which, by treaty, convention, or law, 
affords similar privileges to citizens of the United States,* and who is 
entitled to the exclusive use of any trade-mark and uses the same in 
commerce with foreign nations or with Indian tribes. 

[b.) Any citizen or resident of this country wishing the protection of 
his trade-mark in any foreign country the laws of which require regis- 
tration in the United States as a condition precedent. 

STATUTORY REQUIREMENTS. 

2. Every applicant for registration of a trade mark must cause to be 
recorded in the Patent Office — 

(a,) The name, domicile, and place of business or location of the firm 
or corporation desiring the protection of the trade-mark, and the resi- 
dence and citizenship of individual applicants. 

(b.) The class of merchandise and the particular description of goods 
comprised in such class to which the trade-mark has been appropri- 
ated. 

*For a list of the countries having treaties with the United States at this time see 
page 24. 

(11) 



12 

(c.) A desertion of the trade- mark itself, with facsimiles thereof, 
and the mode in which it has been applied and used. 

(d.) The length of time during which the trade-mark has been used 
by the applicant on the class of goods described. 

3. A fee of twenty-five dollars is required on filing each application, 
except in the cases hereinafter named. (See pars. 17 and 18.) 

THE APPLICATION. 

4. An application for the registration of a trade-mark will consist of 
a statement or specification, a declaration or oath, and the facsimile, 
with duplicates thereof. The statement and declaration should be writ- 
ten on one side of the paper only. 

5. These should be preceded by a brief letter of advice requestiug 
registration and signed by the applicant. 

C. The statement should announce the full name, citizenship, domi- 
cile, residence, and place of business of the applicant (or, if the appli- 
cant be a corporation, under the laws of what State or nation incorpo- 
rated), with a full and clear specification of the trade-mark, particularly 
discriminating between its essential and non essential features. It 
should also state from what time the trade-mark has been used by the 
applicant, the class of merchandise, and the particular goods comprised 
in such class to which the trade-mark is appropriated, and the manner 
in which the trade-mark has been applied to the goods. (See form, p .10.) 

7. The declaration should be in the form of an oath by the person, 
or by a member of the firm, or by an officer of the corporation making 
the application, to the effect that the party has at the time of filing his 
application a right to the use of the trade-mark described in the state- 
ment; that no other person, firm, or corporation has a right to such 
use, either in the identical form or in such near resemblance thereto as 
might be calculated to deceive; that such trade-mark is used in lawful 
commerce with foreign nations or Indian tribes, one or more of which 
should be particularly named ; and that it is truly represented in the 
fac simile presented for registry. (See form, p. 18.) 

8. This oath may be taken within the United States before a notary 
public, justiee of the peace, or the judge or clerk of any court of record. 
In any foreign country it may be taken before the secretary of a lega- 
tion or consular officer of the United States, or before any person duly 
qualified by the laws of the country to administer oaths, whose official 
character shall be certified by a representative of the United States 
having an official seal.* 

FAC-SIMILES TO BE FILED. 

9. Where the trade-mark can be represented by a fac-simile which 
conforms to the rules for drawings of mechanieal patents,! such a 

* See Appendix, Rule 46. t See Appendix, Rule 50. 



13 

drawing may be furnished by applicant, and the additional copies will 
be produced by the photolithographic process at the expense of the 
office. Or the applicant may furnish one fac-simile of the trade-mark, 
mounted on a card ten by fifteen inches in size, and ten additional 
copies upon flexible paper, not mounted ; but in all cases the sheet 
containing the mounted facsimile or the drawing must be signed by 
the applicant or his authorized attorney, and authenticated by two 
witnesses. 

PROCEEDINGS IN THE OFFICE. 

10. All applications for registration are considered in the first in- 
stance by the trade-mark examiner. An adverse decision by such ex- 
aminer upon the applicant's right to registration will be reviewed by the 
Commissioner in person upon petition without fee. 

11. No trade-mark will be registered unless it shall be made to appear 
that the same is used as such by the applicant in commerce between 
the United States and some foreign nation or Indian tribe, or is within 
the provisions of a treaty, convention, or declaration with a foreign 
power, nor which is merely the name of the applicant, nor which is 
identical with a known or registered trade-mark owned by another and 
appropriated to the same class of merchandise, or which so nearly re- 
sembles some other person's lawful trade-mark as to be likely to cause 
confusion in the mind of the public or to deceive purchasers. 

12. The statement may be amended to correct informalities or to avoid 
objections made by the office, or for other reasons arising in the course 
of examination ; but no amendments will be admitted unless warranted 
by something in the statement or facsimile as originally filed. In re- 
spect to amendments the established rules in regard to applications for 
patents will be observed.* The declaration cannot be amended. If that 
filed with the application is faulty or defective, a substitute declaration 
may be filed. 

13. In case of conflicting applications for registration, or in any dis- 
pute as to the right to use which may arise between an applicant and a 
prior registrant, the office will declare an interference, in order that the 
parties may have opportunity to prove priority of adoption or right; and 
the proceedings on such interference will follow, as nearly as practica- 
ble, the practice in interferences upon applicat ious ior patents ; but each 
applicant and registrant will be held to the date of adoption alleged in 
the statement filed with his application. On the petition of any party 
dissatisfied with the decision of the examiner of interferences the case 
will be reviewed by the Commissioner without fee. 

14. When these requirements have been complied with, and the office 
has adjudged the trade-mark lawfully registrable, a certificate will be 
issued by the Commissioner, under seal of the Interior Department, to the 

* See Appendix, par. 71, et seq. 



14 

effect that applicant has complied with the law, and that he is entitled 
to the protection of his trade-mark in such case made and provided. 
Attached to the certificate will be a facsimile of the trade- mark and a 
printed copy of the statement and declaration. 

15. The protection for such trade-mark will remain in force for thirty 
years, and may, upon the payment of a second fee, be renewed for thirty 
years longer, except in cases where such trade-mark is claimed for and 
applied to articles not manufactured in this country, and in which it 
receives protection under the laws of any foreign country for a shorter 
period, in which case it will cease to have force in this country, by vir- 
tue of the registration, at the same time that the trade-mark ceases to 
be exclusive property elsewhere. 

16. The right to the use of any trade-mark is assignable bj T an instru- 
ment in writing, and such assignment of a registered trade-mark must 
be recorded in the Patent Office within sixty days after its execution, 
in default of which it may be void as against any subsequent purchaser 
or mortgagee for a valuable consideration, without notice. No particu- 
lar form of assignment or conveyance is prescribed, but the trade-mark 
must be identified by the certificate number. 

17. Owners of trade-marks for which protection has been sought by 
registering them in the Patent Office under the act of July 8, 1870 
(declared unconstitutional by the Supreme Court of the United States), 
may register the same for the same goods, without fee, on compliance 
with the foregoing requirements. With each application of this char- 
acter a specific reference to the date and number of the former certifi- 
cate is required. 

18. Applicants whose cases were filed under the act of 1870, either 
prior to or since the decision of the Supreme Court declaring it uncon- 
stitutional, which are now pending before the office, are advised to 
prepare applications in conformity with the law and foregoing rules. 
On the receipt of such an application, referring to the date of the one 
formerly filed, all fees paid thereon will be duly applied. Those who 
have x>aid only $10 as a first fee are advised that the law does not pro- 
vide for a division of the legal fee of $25, and that the remainder of the 
entire fee is required before the application can be entertained. 

COPIES AND PUBLICATIONS. 

19. Printed copies of the statement and declaration in each case, with 
a duplicate of the trade-mark, can be furnished by the office. 

The Official Gazette of the Patent Office, published weekly, will con- 
tain a list of all trade-marks registered, with the name and address of 
the registrant, a brief statement of the essential features of the trade- 
mark, and the particular description of goods to which it is applied. 



15 

FEES. 

20. On filing an application for registration of a trade-mark. . . $25 00 

For abstracts of title : 

For the certificate of search 1 00 

For each brief from the digests of assignments 20 

For copies of matter in any foreign language, for every one hun- 
dred words or fraction thereof 20 

For translation, for every one hundred words or fraction thereof. 50 

For recording every assignment, agreement, power of attorney, 
or other paper, of three hundred words or under * 1 00 

For recording every assignment, agreement, power of attorney, 
or other paper of over three hundred words and under one 
thousand words 2 00 

For recording every assignment, agreement, power of attorney, 
or other paper of over one thousand words 3 00 

For assistance to attorneys, and others in the examination of 

records, one hour or less 50 

Each additional hour or fraction thereof 50 

For single printed copy of statement and declaration 25 

Single copy of Official Gazette 10 

Annual subscription Official Gazette 5 00 

CORRESPONDENCE. 

21. All letters should be addressed to "The Commissioner of Patents"; 
and all remittances by postal order, check, or draft should be to his 
order. 

22. Letters relating to pending applications should refer to the name 
of the applicant and date of filing. Letters relating to registered trade- 
marks must refer to the name of registrant, number or date of certifi- 
cate, and the class of merchandise to which the trademark is applied. 

23. The office cannot undertake to respond to inquiries propounded 
with a view to ascertain whether certain trade marks have been regis- 
tered, or, if so, to whom, or for what goods ; nor can it give advice as to 
the nature and extent of the protection afforded by the law, or act as 
its expounder, except as questions may arise upon applications regularly 
filed. A copy of these rules with this paragraph marked will be re- 
garded as a courteous answer to all such inquiries. 



TORMS. 



The following forms illustrate the manner of preparing papers for ap- 
plications for registration of trade-marks. Their use is not absolutely 
required, but as they have been made to conform to the conditions of 
the law, applicants will find their business facilitated by following them 
closely : 

(1.) LETTER OF ADVICE. 

To the Commissioner of Patents : 

The undersigned presents herewith a fac-siraile of his lawful trade- 
mark and requests that the same, together with the accompanying state- 
ment and declaration, may be registered in the United States Patent 
Office in accordance with the law in such cases made and provided. 

A. B. 

(2.) STATEMENT BY AN INDIVIDUAL. 

To all whom it may concern : 

Be it known that I, A. B., a citizen of the United States, residing at 

Baltimore, Maryland, and doing business at No. St., in said city, 

have adopted for my use a trade-mark for whisky, of which the follow- 
ing is a full, clear, and exact specification : 

My trade-mark consists of the word-symbol Moonshine. This has gen- 
erally been arranged as shown in the accompanying fac-simile, which re- 
presents a rude still -house surrounded by hills and forests. Three men 
are engaged variously about, and the scene is illuminated partly by the 
light of the fire, partly by the moon which appears in the heavens. 
Underneath the picture appears the word " moonshine" in ornamental 
letters ; but the style of lettering is unimportant, and the entire picture 
may be omitted or changed at pleasure without materially affecting the 
character of my trade-mark, the essential feature of which is the word- 
symbol Moonshine. 

This trade-mark I have used continuously in my business since July 
4, 1876. The class of merchandise to which this trade-mark is appro- 
priated is distilled liquors, and the particular description of goods 
comprised in said class upon which I use it is whisky. It is my practice 
to apply my trade-mark to the bottles containing the liquor by means 
of suitable labels, on which it is printed in color, as above described. 
The word is sometimes also blown into the bottles. 

A. B. 

Witnesses: 
C. D. 
E. F. 
(16) 



17 

(3.) STATEMENT BY A FIRM. 

To all whom it may concern : 

Be it known tbat we, C. D. & Co., a firm domiciled in Brooklyn, 
Kings County, State of New York, and doing business at No. — 

st., in said city, have adopted for our use a trade-mark for men's 

overalls, of which the following is a full, clear, and exact specification : 

Our trade-mark consists of the arbitrary word Toulon. This has gen- 
erally been arranged as shown in the accompanying fac-simile, in which 
it appears in plain, block capitals, printed in black in a horizontal line. 
But other forms of type may be employed, or it may be differently ar- 
ranged or colored, without materially altering the character of our 
trade-mark, the essential feature of which is the word Toulon. 

This trade-mark has been used continuously in business by us and 
« those from whom we derive our title since July 11, 1840. 

The class of merchandise to which this trade-mark is appropriated is 
wearing-apparel, and the particular description of goods comprised in 
such class on which it is used by us is men's overalls. It has been our 
practice to mark our trade-mark on the inside of the waistband of the 
goods with a stencil, or to print it upon tags which are secured to the 
goods in any desired manner. 

C. D. & CO. 

Witnesses: 
D. E. 
F. G. 



(4.) STATEMENT BY A CORPORATION. 

To all whom it may concern : 

Be it known that the Rocky Mountain Mill Company, a corporation 
organized under the laws of the Territory of Dakota, and located in the 
city of Garfield, Hancock County, in said Territory, and doing business 
in said city of Garfield, and also at Chicago, Illinois, has adopted for 
its use a trade-mark for wheat flour, of which the following is a full, clear, 
and exact specification : 

The trade-mark of said company consists of a representation of a 
Bocky Mountain sheep and the words Big Horn. These have generally 
been arranged as shown in the accompanying fac-simile, in which the 
animal named, popularly known as the " Big Horn," is represented in 
an erect attitude upon a cliff or rock. In the back ground are mount- 
ains covered with forests, with distant white peaks ; upon the sky por- 
tion are the words Big Horn, and arranged in a circle about the whole 
are the words Rocky Mountain Mill Company in plain capital letters. 
But these words may be omitted, and the various accessories of the 
picture may be varied at pleasure or altogether omitted, without mate- 
rially altering the character of the said trade-mark, the essential 
features of which are the words Big Horn and the representation of a 
Rocky Mountain sheep. 

This trade-mark has been continuously used by said corporation since 
about the middle of October, 1884. 

The class of merchandise to which this trade-mark is appropriated is 
flour, and the particular description of goods comprised in such class on 
5866 t m 2 



18 

which it is used by the said company is wheat flour. It is usually af- 
fixed to the goods by printing it on the bags, or stenciling it on the 
heads of barrels in which the flour is packed. 

Rocky Mountain Mill Company, 
By G. F., President. 
Witnesses :* 
J. H. 
L. K. 



(5.) DECLARATION. 

State of , County of , ss : 

A. B., being duly sworn, deposes and says that he is the applicant 
named in the foregoing statement; that he verily believes that the fore- 
going statement is true; that he has at this time a right to the use of 
the trade-mark therein described ; that no other person, firm, or corpo- 
ration has the right to such use, either in the identical form or in any 
such near resemblance thereto as might be calculated to deceive; that 
it is used by him in commerce between the United States and foreign 

nations or Indian tribes, and particularly with (here name one or 

more foreign nations or Indian tribes, or both, as the case may be); and 
that the description and fac-similes presented for record truly represent 
the trade-mark sought to be registered. 

A. B. 

— , this day of , 



18—. 



G. H., J. P. 



If the application is made by a firm or corporation, this declaration 
should be modified accordingly. Thus — 

FOR A FIRM. 

A. B., being duly sworn, deposes and says that he is a member of the 
firm, the applicant named, etc., etc., * * * that the trade-mark is 
used by the said firm in commerce, etc., etc. 

FOR A CORPORATION. 

A. B., being duly sworn, deposes and says that he is secretary (or 
other officer) of the corporation, the applicant named in the foregoing 
statement, etc., etc., * * * that the trade-mark is used by said 
corporation in commerce, etc., etc. 

"If the corporation bave a seal it may be used to authenticate the signature of the 
officer. 



19 

(6.) AMENDMENT. 

To the Commissioner of Patents : 

In the matter of my application for registration of trade-mark for 
watches, No. 5319, filed June 11, 1876, I desire to amend my statement 
as follows : 

Page 1, line 16, cancel the words " the arbitrary word Zenith," and in- 
sert in the place thereof the following : the representation of a five-pointed 
star, having the word Zenith printed across its face. 

Same page, line 20, erase u about four years " and insert since July 
1st, 1872. 

A. B., 
By P. & Q., 
Sis attorneys. 
Dated Geneva, Switzerland, October 1, 1876. 



CIRCULAR. 



TRADE-MARKS. 

[1883. Department No. 57. Secretary's Office.] 

Treasury Department, 
Washington, D. C, May 15, 1883. 
To collectors of customs and others : 

The attention of customs officers is invited to the following section 
of law, embodied in the act approved March 3, 18S3, viz: 

" Section 249G. No watches, watch cases, watch-movements, or parts 
of watch-movements, or any other articles of foreign manufacture, which 
shall copy or simulate the name or trade-mark of any domestic manu- 
facture, [manufacturer,] shall be admitted to entry at the custom-house 
of the United States, unless such domestic manufacturer is the importer 
of the same. And in order to aid the officers of the customs in enforc- 
ing this prohibition, any domestic manufacturer who has adopted trade- 
marks may require his name and residence and a description of his 
trade-marks, to be recorded in books which shall be kept for that pur- 
pose in the Department of the Treasury, under such regulations as the 
Secretary of the Treasury shall prescribe, and may furnish to the De- 
partment fac similes of such trademarks; and thereupon the Secretary 
of the Treasury shall cause one or more copies of the same to be trans 
mitted to each collector or other proper officer of the customs." 

Applications for the recording of names or trade-marks in this De- 
partment will mention the name and residence of the domestic manu- 
facturer, and furnish a description of the mark. No such name will be 
received unless recorded in the Patent Office, as mentioned in Chapter 
2, Title LX, Eevised Statutes; and the fact must be shown by the pro- 
duction of a copy of the mark, certified by the Commissioner of Patents, 
under the seal of the Patent Office, in the manner set forth in said chap- 
ter, and also of the necessary fac similes, under the seal of the Patent 
Office, to be forwarded to collectors of customs. 

On the receipt by a customs officer of any such fac similes, with in- 
formation from the Department that they have been recorded therein, 
he will properly record and file them, and will exercise care to prevent 
the entry at the custom-house of any article of foreign manufacture 
copying or simulating such mark, not imported by the owner of such 
name or trade-mark. 

H. F. FRENCH, 

Acting Secretary. 
(20) 



REGISTRATION OF PRINTS AND LABELS. 



Sections 3, 4, and 5 of the act of Congress relating to patents, trade- 
marks, and copyrights, approved June 18, 1874 (18 Statutes at Large, 
p. 78), are as follows : 

Sec. 3. That in the construction of this act the words " engraving, 
cut, and print" shall be applied only to pictorial illustrations or works 
connected with the fine arts, and no prints or labels designed to be used 
for any other articles of manufacture shall be eutered under the copy- 
right law, but may be registered in the Patent Office. And the Com- 
missioner of Patents is hereby charged with the supervision and con- 
trol of the entry or registry of such prints or labels, in conformity with 
the regulations provided by law as to copyright and prints, except that 
there shall be paid for recording the title of any print or label, not a 
trademark, six dollars, which shall cover the expense of furnishing a 
copy of the record, under the seal of the Commissioner of Patents, to 
the party entering the same. 

Sec. 4. That all laws and parts of laws inconsistent with the forego- 
ing provisions be and the same are hereby repealed. 

Sec. 5. That this act shall take effect on and after the first day of 
August, eighteen hundred and seventy-four. 

The words " prints" and " labels" as used in this act, so far as it re- 
lates to registration in the Patent Office, are construed as synonymous, 
and are defined as any device, picture, word or words, figure or figures 
(not a trade-mark) impressed or stamped directly upon the articles of 
manufacture, or upon a slip or piece of paper, or other material, to be 
attached in any manner to manufactured articles, or to bottles, boxes, 
and packages containing them, to indicate the contents of the package, 
the name of the manufacturer or the place of manufacture, the quality 
of goods, directions for use, &c. 

By the words "articles of manufacture " (to which such print or label 
is applicable by this act) is meant all vendible commodities produced 
by hand, machinery, or art. 

But no such print or label can be registered unless it properly belongs 
to an article of commerce, and be as above defined ; nor can the same 
be registered as such print or label when it amounts to a lawful trade- 
mark, or when its use in connection with the article to which it is ap- 
plied is arbitrary or fanciful. 

To entitle the owner of any such print or label to register the same in 

this office, it is necessary that five copies of the same be filed, one of 

which copies shall be certified under the seal of the Commissioner of 

Patents, and returned to the registrant. 

(21) 



22 

Tbe certificate of such registration will continue in force for twenty- 
eight years. 

It has been held in a United States circuit court that the use of a 
label in the sale of the mercbandise it is intended to designate prior to 
the deposit of such label in the Patent Office, amounts to a publication 
thereof (Marsh et al. v. Warren et al., XIV O. G., G78). Since in the 
same decision the court beld that in a suit for infringement of a regis- 
tered label the bill must aver that the title and label were deposited 
before publication, it is evident that any such use will vitiate a regis- 
tration subsequently effected. 

The fee for registration of a print or label is six dollars, to be paid in 
tbe same manner as fees for patents. 

The benefits of this act seem to have been originally confined to citi- 
zens or residents of the United States; but are extended by existing 
treaties to British, German, Italian, and Belgian subjects. 

It is held that a registered label is, like a copyright, assignable by 
an instrument in writing. And such an instrument will be recorded in 
the Patent Office. Such assignment should be presented for record 
within sixty days of its execution, otherwise it is liable to be held void 
as against any subsequent purchaser or mortgagee for a valuable con- 
sideration without notice. 



FORM OF APPLICATION FOR REGISTRATION OF PRINTS AND LABELS. 

[Making necessary changes to suit each case.] 
For an individual. 

To the Commissioner of Patents: 

The undersigned, A. B., of the city of Brooklyn, county of Kings, 
and State of New York, and a citizen of the United States (or resident 
therein, as the case may be), hereby furnishes five copies of a label (or 

print, as the case may be), to be used for , of which he is the sole 

proprietor. The title of said label (or print) is — - , and the said label 

(or print) consists of the words and figures as follows, to wit : 

(Description). 

And he hereby requests that the said print (or label) be registered in 
the Patent Office, in accordance with the act of Congress to that effect, 
approved June 18, 1874. 

Proprietor. 
Brooklyn, N. Y., August 1, 1874. 



For a corporation. 

To the Commissioner of Patents : 

The applicant, a corporation created by authority of the laws of the 
State of New York (or other authority, as the case may be), and doing 

business at , in said State, hereby furnishes five copies of a label 

(or print, as the case may be), to be used for , of which it is the 



23 

sole proprietor. The title of said print (or label) is , and the said 

label consists of the words and figures as follows, to wit: (De- 
scription.) 

And it is hereby requested that the said label (or print) be registered 
in the Patent Office, in accordance with the act of Congress to that ef- 
fect, approved Juue 18, 1874. 

[l. s.] Witness the seal of said corporation at , , 1874. 



President [or other officer]. 

NOTE. 

The registration of copyright matter is, by law, under the control of the 
Librarian of Congress at Washington. At the time of the enactment 
of the trade-mark law of July 8, 1870, it was the custom of the Libra- 
rian of Congress to enter, under the provisions of the copyright law, 
labels and prints of commerce, many of which embraced legal trade- 
marks. Notwithstanding the existence of a separate statute in 1870 for 
the registration of trade-marks, the Librarian of Congress, in entering 
labels and prints of commerce, gave a semblance of protection to many 
trade-marks, of which the labels and prints entered by him were the 
mere vehicles. To remedy this difficulty was the object of the amend- 
ment to the copyright law of June 18, 1874, referred to herein as the act 
for the registration of prints and labels. By this amendatory act the 
Librarian of Congress is restricted, in the registry of copyright matter, 
to pictorial illustrations or works connected with the fine arts, and is 
prohibited from registering labels or prints designed to be used for any 
other articles of manufacture, *. e., articles of commerce. These are 
now registrable at the Patent Office; while matter properly coming 
within the definition of copyright subject-matter, as contained in the 
act of June 18, 1874, is registrable at the office of the Librarian of Con- 



TRADE-MARK TREATIES WITH FOREIGN NATIONS. 



The following is a list of the Governments with whicb conventions 
for the reciprocal registration and protection of trade-marks have been 
entered into by the United States, with the dates of the respective con- 
ventions. For the full text of those which have been published in the 
Official Gazette reference is made thereto. For others, to the volume 
and page of United States Statutes at Large. The laws of Switzerland 
and the Netherlands being so framed as to afford reciprocal privileges 
to the citizens or subjects of any Government which affords similar 
privileges to the people of those countries, the mere exchange of diplo- 
matic notes, giving notice of the fact, accomplishes all the purposes of a 
formal convention. The reference to the Official Gazette opposite these 
nations gives the full text of their trade- mark laws : 



Country. 



Reference. 



Austria-Hungary 

Belgium , 

Do 

Brazil 

France 

German Empire. 

Great Britain 

Italy 

Russia 

Serbia 

Spain 

Switzerland 

The Netherlands 



June 1, 
July 30, 
July 9, 
Sept. 24, 
Apr. 16, 
June 1, 
July 17, 
Mar. 19, 
June 27, 
Dec. 27, 
Apr. 19, 
May 16, 
Feb. 16, 



1872 
1869 
1884 
1878 
1869 
1872 
1878 
1884 
1668 
18-S2 
1883 
L883 
1883 



Stat., 17, p. 
Stat., 16, p. 
O.G.,29,p. 
Stat., 21, p. 
Stat., 16, p. 
Stat., 17, p. 
O.G.,14,p. 
O.G.,27,n. 
Stat., 16, p. 
Stat., 22, p. 
O.G.,25,p. 
O.G.,23,p. 
O.G.,23,p. 



917 
765 
452 
659 
771 
921 
233 
304 
725 
966 

2237 

1334 



The declaration with Great Britain is drawn so as to confer mutual 
trade-mark rights upon the subjects and citizens of each of the con- 
tracting parties throughout the dominions and possessions of the other. 
Citizens or residents of British Colouies are therefore permitted to reg- 
ister their trade-marks under this treaty whenever it is satisfactorily 
shown that in the respective colonies similar protection is afforded to 
citizens of the United States. 
(24) 



APPENDIX. 



The following extracts from the Rules of Practice of the Patent Office 
involve such matter as is general in its application, and to which refer- 
ence has frequently to be made in actions upon trade-mark cases. 

CORRESPONDENCE. 

1. All business with the office should be transacted in writing. Un- 
less by the consent of all parties, the action of the office will be based 
exclusively on the written record. No attention will be paid to any 
alleged oral promise, stipulation, or understanding in relation to which 
there is disagreement or doubt. 

2. All office letters must be sent in the name of the " Commissioner 
of Patents." All letters and other communications intended for the 
office must be addressed to him ; if addressed to any of the other officers 
they will ordinarily be returned. 

3. Express charges, freight, postage, and all other charges on matter 
sent to the Patent Office must be prepaid in full ; otherwise it will not 
be received. 

4. The personal attendance of applicants at the Patent Office is un- 
necessary. Their business can be transacted by correspondence. 

7. When an attorney shall have filed his power of attorney duly ex- 
ecuted, the correspondence will be held with him. 

8. A double correspondence with the inventor and an assignee, or with 
a principal and his attorney, or with two attorneys, cannot generally be 
allowed. 

9. A separate letter should in every case be written in relation to each 
distinct subject of inquiry or application. Assignments for record, final 
fees, and orders for copies or abstracts must be sent to the office in sep- 
arate letters. 

13. Letters received at the office will be answered, and orders for 
printed copies filled, without unnecessary delay. Telegrams, if not re- 
ceived before 3 o'clock p. in., cannot ordinarily be answered uutil the 
following day. 

ATTORNEYS. 

17. Any person of intelligence and good moral character may appear 
as the agent or the attorney in fact of an applicant, upon filing a proper 
power of attorney. As the value of patents depends largely upon the 
careful preparation of the specifications and claims, the assistance of 
competent counsel will, in most cases, be of advantage to the appli- 
cant ; but the value of their services will be proportionate to their skill 
and honesty, and too much care cannot be exercised in their selection. 
The office cannot assume responsibility for the acts of attorneys, nor 
can it assist applicants in making selections. It will, however, be un- 

.(25) 



26 

safe to trust those who pretend to the possession of any facilities except 
capacity and diligence for procuring patents in a shorter time or with 
broader claims than others. 

18. Before any attorney, original or associate, will be allowed to in- 
spect papers or take action of any kind, his power of attorney must be 
filed. No power of attorney purporting to have been given to a firm 
or copartnership will be recognized, either in favor of the firm or of any 
of its members, unless all its members shall be named in such power of 
attorney. 

19. Substitution or association can be made by an attorney upon the 
written authorization of his principal ; but such authorization will not 
empower the second agent to appoint a third. 

20. Powers of attorney may be revoked at any stage in the proceed- 
ings of a case upon application to and approval of the Commissioner ; 
and when so revoked the office will communicate directly with the ap- 
plicant, or such other attorney as he may appoint. Attorneys will be 
promptly notified by the examiner in charge of the ease of the revoca- 
tion of their powers of attorney. An assignment of an undivided in- 
terest will not operate as a revocation of the power previously given, 
but the assignee of the entire interest may be represented by an attor- 
ney of his own selection. 

21. Parties or their attorneys will be permitted to examine their cases 
in the attorney's room, but not in the rooms of the examiners. Per- 
sonal interviews with examiners will be permitted only as hereinafter 
provided. 

22. Attorneys will be required to conduct their business with the 
office with decorum and courtesy. Papers presented in violation of this 
requirement will ordinarily be returned. Complaints against examiners 
and other officers must be made in separate communications and will 
be promptly investigated. For gross misconduct the Commissioner may 
refuse to recognize any person as a patent agent, either generally or in 
any particular case; but the reasons for such refusal will be duly re- 
corded and be subject to the approval of the Secretary of the Interior. 

23. Inasmuch as applications cannot be examined out of their regu- 
lar order, except in accordance with the provisions of Rule 02, and 
members of Congress can neither examine nor act in patent cases with- 
out written powers of attorney, applicants are advised not to impose 
upon Senators or Representatives labor which will consume their time 
without any advantageous results. 



40. Ext. * * * When the person before whom the oath or affirm- 
ation is made is not provided with a seal his official character shall be 
established by competent evidence, as by a certificate from a clerk of a 
court of record or other proper officer having a seal. 

(A certificate of the official character of a magistrate, stating date 
of appointment and term of office, may be filed in the Patent Office, 
which will obviate the necessity of separate certificates in individual 
cases.) 

DRAWINGS. 

(Extracts from Rule f>0.) 

(1.) Drawings must be made upon pure white paper of a thickness 
corresponding to three sheet Bristol board. The surface of the paper 



27 

must be calendered and smooth. India ink alone must be used, to se- 
cure perfectly black and solid lines. 

(2.) The size of a sheet on which a drawing is made must be exactly 
10 by 15 inches. One inch from its edges a single marginal line is to 
be drawn, leaving the "sight" precisely 8 by 13 inches. Within this 
margin all work and signatures must be included. One of the shorter 
sides of the sheet is regarded as its top, and, measuring downward 
from the marginal line, a space of not less than 1| inches is to be left 
blank for the heading of title, name, number, and date. 

(3.) All drawings must be made with the pen only. Every line and 
letter (signatures included) must be absolutely black. This direction 
applies to all lines, however fine, to shading, and to lines representing 
cut surfaces in sectional views. All lines must be clean, sharp, and 
solid, and they must not be too fine or crowded. Surface shading, when 
used, should be open. Sectional shading should be made by oblique 
parallel lines, which may be about one-twentieth of an inch apart. 

(7.) The signature of the inventor is to be be placed at the lower right- 
hand corner of the sheet, and the signatures of the witnesses at the 
lower left-hand corner, all within the marginal line. (See specimen 
drawing, page 58, Rules of Practice.) The title is to be written with 
pencil on the back of the sheet. The permanent names and title will be 
supplied subsequently by the office in uniform style. 

(9.) Drawings should be rolled for transmission to the office, not folded. 
Jfo agent's or attorney's stamp, or advertisement, or written address, 
will be permitted upon the face of a drawing within or without the 
marginal line. 

54. Applicants are advised to employ competent artists to make their 
drawings. The office will furnish the drawings at cost as promptly as 
its draftsmen can make them, for applicants who cannot otherwise con- 
veniently procure them. 

JSo employes of the Patent Office, except those regularly assigned to 
such duty, will make any drawings, whether copies or originals, for ap- 
plicants, agents, or attorneys. 

AMENDMENTS AND ACTIONS BY APPLICANTS. 

71. After the completion of the application the office will not return 
the specification for any purpose whatever. The model or drawing 
(but not both at the same time) may be withdrawn for correction. If 
applicants have not preserved copies of such papers as they wish to 
amend, the office will furnish them on the usual terms. 

72. All amendments of specifications or claims must be made on 
sheets of paper separate from the original. Even when the amendment 
consists in striking out a portion of the specification or of the claims, 
the same course must be observed. Erasures must not be made by the 
applicant. In every case of amendment the exact word or words to be 
stricken out or inserted must be clearly specified, and the x>recise point 
indicated where the erasure or insertion is to be made. 

73. When an amendatory clause is amended it must be wholly rewrit- 
ten, so that no interlineation or erasure shall appear in the clause, as 
finally amended, when the case is passed to issue. If the number or 
nature of th*e amendments shall render it otherwise difficult to consider 
the case, or to arrange the papers for printing or copying, the examiner 
or Commissioner may require the entire specification to be rewritten. 



28 

HEARINGS AND INTERVIEWS. 

146. Hearings will be had by the Commissioner at 10 o'clock a. m., 
and by the board of examiners-in-chief and the examiner of interferences 
at 1 o'clock p. in., on the day appointed, unless some other hour be 
specially designated. If either party in a contested case, or the appel- 
lant in an ex parte case, appear at the proper time, he will be heard by 
the examiner of interferences or the examiners-in-chief; but a contested 
case will not be taken up for oral argument after the day of hearing, 
except by consent of both parties. If the engagements of the tribunal 
having jurisdiction of the case be such as to prevent it from being taken 
up on the day of hearing a uew assignment will be made, or the case 
will be continued from day to day until heard. Unless it shall be other 
wise ordered before the hearing begins, oral arguments will be limited 
to one hour for each party. After a contested case has been argued, 
nothing further relating thereto will be heard unless upon request of 
the tribunal having jurisdiction of the case; and all interviews for this 
purpose with parties in interest or their attorneys will be invariably 
denied. 

147. Interviews with examiners concerning applications and other 
matters pending before the, office must be had at such times, within 
office hours, as the respective examiners may designate, in the exam- 
iners' room, with the principal examiners, or, in their absence, with the 
assistants in charge. They will not be had at any other time or place 
without the written authority of the Commissioner. 

148. Interviews for the discussion of pending applications will not be 
had prior to the tirst official action thereon. 

COPIES, FEES, ETC. 

210. An order for a copy of an assignment must give the liber and 
page of the record, as well as the name of the inventor; otherwise an 
extra charge will be made for the time consumed in making any search 
for such assignment. 

211. No person will be allowed to make copies or tracings from the 
files or records of the office. Such copies will be furnished, when 
ordered, at the rates already specified. 

212. The money required for office fees may be paid to the Commis- 
sioner, or to the Treasurer, or any of the assistant treasurers of the 
United States, or to any of the designated depositaries, national banks, 
or receivers of public money, designated by the Secretary of the Treasury 
for that purpose, who shall give the depositor a receipt or certificate of 
deposit therefor, which shall be transmitted to the Patent Office. When 
this cannot be done without much inconvenience, the money may be re- 
mitted by mail, and iu every such case the letter should state the exact 
amount inclosed. Letters containing money may be registered. Post- 
office money orders now afford a safe and convenient mode of transmit- 
ting fees. All such orders should be made payable to the ''Commis- 
sioner of Patents." 

213. The weekly issue will close on Thursday, and the patents of that 
issue will bear date as of the third Tuesday thereafter. If the final fee 
in any application is not paid on or before Thursday the patent will not 
go to issue until the following week. 

914. All money sent by mail, either to or from the Patent Office, will 
be at the risk of the sender. In no case should money be sent inclosed 






29 

with models. All payments to or by the office must be made in specie, 
Treasury notes, national bank notes, certificates of deposit, or Post- 
Office money orders. 

REPAYMENT OF MONEY. 

215. Money paid by actual mistake, such as a payment in excess, or 
when not required by law, or by neglect, or misinformation on the part 
of the office, will be refunded ; but a mere change of purpose after the 
payment of money, as when a party desires to withdraw his application 
tor a patent, or for the registration of a trade-mark, or an appeal, will 
not entitle a party to demand such a return. 



CLASSIFICATION OF REGISTERED TRADE MARKS. 

1. Agricultural implements. (See Title 41, 73.) 

2. Baking powder and yeast. 

3. Beverages. (See Title 42.) ' 

4. Blacking and leather dressing. (See Title 12.) 

5. Boots, shoes, and lasts. (See Title 57.) 
C. Brooms and brushes. 

7. Buttons. (See Title 22.) 

8. Canned goods. (See Title 1G, 26.) 

9. Carpets, &c. 

10. Cement, plaster, and bricks. 

11. Cigars and cigarettes. (See Title 71.) 

12. Cleaning and polishing preparations. (See Title 4.) 

13. Coffee and tea. 

14. Confectionery. 

15. Corsets. (See Title 75.) 

16. Cured meats. (See Title 8, 26, 37.) 

17. Cutlery and edge tools. (See Title 73, 68.) 

18. Dairy products. 

19. Dentistry. 

20. Drugs and chemicals. (See Title 44, 53, 72.) 

21. Dry goods. (See Title 22, 69.) 

22. Fancy goods. (See Title 7, 21, 30, 47.) 

23. Fertilizers. 

24. Fire arms, ammunition, and explosives. 

25. Flour. 

26. Food and relishes. (See Title 8, 16.) 

27. Fuel. 

28. Games and toys. (See Title 46.) 

29. Glassware. (See Title 32, 55.) 

30. Gloves. (See Title 22.) 

31. Head-wear. 

32. Household articles. (See Title 29, 35, 55.) 

33. Inks. (See Title 65.) 

34. Iron, steel, and manufactures. (See Title 41, 73.) 

35. Jewelry and plated ware, (See Title 32, 70.) 

36. Lamps, lanterns, &c. (See Title 29.) 

37. Lard and tallow. (See Title 16.) 

38. Laundry articles. (See Title 61, 64.) 

39. Leather and saddlery. 

40. Locks and hardware. (See Title 72, 73.) 



30 

41. Machines. (See Title 1, 34, 73.) 

42. Malt liquors. (See Title 3.) 

43. Matches. 

44. Medical compounds. (See Title 20, 53, 72.) 

45. Miscellaneous. 

46. Musical instruments. (See Title 28.) 

47. Needles and pins. (See Title 22.) 

48. Oils and lubricants. (See Title 51.) 

49. Optics and measuring instruments. (See Title 73.) 

50. Packing. (Machinery.) 

51. Paints and painters' supplies. (See Title 48.) 

52. Paper and envelopes. (See Title 65.) 

53. Poisons for animals. (See Title 20, 44.) 

54. Publications. 

55. Eeceptacles. (See Title 29, 32.) 

56. Eope, cord, and twine. (See Title 59.) 

57. Rubber goods. (See Title 5, 69.) 

58. Sewing-machines and attachments. (See Title 41, 73.) 

59. Sewing silk, cotton, and thread. (See Title 56.) 

60. Shirts, collars, and cuffs. (See Title 75.) 

61. Soap. (See Title 38, 72.) 

62. Spices, mustard, and salt. (See Title 26.) 

63. Spirituous liquors. (See Title 42, 77.) 

64. Starch, corn-starch, and products. (See Title 26, 38.) 

65. Stationery miscellany. (See Title 33, 52.) 

66. Stoves and heaters. 

67. Sugar, sirup, and molasses. 

68. Surgical instruments and appliances. (See Title 17.) 

69. Tailoring and clothing. (See Title 21, 57.) 

70. Time-keeping instruments. (See Title 35.) 

71. Tobacco and snuff. (See Title 11.) 

72. Toilet articles and preparations. (See Title 20, 61.) 

73. Tools and devices. 

74. Umbrellas, parasols, and canes. 

75. Underwear and furnishing. (See Title 15, 60.) 

76. Vehicles. 

77. Wines. (See Title 3, 42, 63.) 



INDEX TO TRADE-MARK AND LABEL STATUTES. 



Subject. 



Section 



Page. 



Abetting one dealing in fraudulent registered trade-mark goods, pen- 
alty for 

Action not maintainable, when 

Affixing fraudulent trade-marks, penalty for 

Applicant's name not registrable 

Articles not manufactured in tbis country, term of protection of trade- 
mark 

Bars to registration 

Commerce with foreign nations or Indian tribes, use of trade-mark in, 
necessary to registration 

Commissioner to decide presumptive lawfulness of trade-mark 

to make rules for transfer of rigbt 

to prescribe regulations for registration 

Common-law rigbts not abridged by statute - - 

Compensation, registrant aggrieved may recover 

Conflicting applications 

Construction of tbis act 

Copies under official seal to be evidence 

Counterfeiting, damages for 

Counterfeiting registered trade-mark goods, penalty for 

Courts of equity practice to be followed in deciding conflicting cases. 

Damages, infringer liable to 

for affixing fraudulent trade-mark to merchandise 

Dealing in counterfeit registered trade-mark goods, penalty for 

Dealing in fraudulent trade-marks, penalty for 

Deceiving tbe public, action to defend trade-mark so used not main- 
tainable 

Declaration, by whom verified 

under oath by applicant 

Description of tbe mark required 

Domicile must be recited 

Duration of protection 

Equity, aggrieved registrant may resort to 

courts of, practice followed in interference cases 

Evidence of registry 

copies under seal to be received as 

Fac-similes of trade-marks to be filed 

False registration, damages for 

Fee for registry of trade-mark, and bow payable 

prints and labels 

Fees formerly paid witb intent to procure protection of trade-mark.. 

Foreign nations or Indian tribes, trade-marks used in commerce witb, 

alone registrable 

residents, when entitled to register 

Former rigbts and remedies preserved 

Fraudulent possession of empty box or package bearing registered 
trade-mark, penalty for 

Fraudulent registry, no action maintainable upon 

Goods of foreign manufacture bearing simulations of domestic trade- 
marks, provision concerning , 

Goods, particular, to be recited 

Jurisdiction of United States courts in action for damages 

Labels and prints, fee for registry 

registry authorized 

Lawfulness of claim to trade-mark to be decided by Commissioner. . 

Length of time used, to bo recited 



3 
1 

10 

9 

G 

2490 
1 
7 
3 

3 

3 

1 

(31) 



32 



Subject. 



Manufacturing fraudulent trade-marks, penalty for 

Merchandise, class of, to be recited 

Name of applicant not registrable as a trade-mark 

Printed copies of specifications to be kept 

Prints and labels, fee for registry 

registry authorized 

Proceedings to detect fraudulent trade-marks 

Protection of trade-mark, who may obtain 

term of 

Putting up packages bearing fraudulent trade-marks, penalty for 

Record of trade-mark certificates to be kept 

Registration as condition precedent to registration abroad 

of trade-marks authorized 

in what cases refused 

prima facie evidence of ownership 

rights secured thereby 

Remedy for infringement 

Renewal of protection 

Restriction on registratiou of trade-marks 

actions for infringement 

Selling or offering for sale goods bearing fraudulent trade-marks, pen- 
alty for 

Statement of applicant, what to recite 

Time of receipt of trade-mark at Patent Office to be .noted 

Trade-mark only registrable when used in commerce with foreign na- 
tions or Indian tribes 

rightfully used prior to passage of act of March 3, 1881, 

act concerning 

Transfer of right to registered trade-marks 

Treasury Department, deposit of trade-mark in 

Use, mode of, to be recited 



Section. 




Page. 



INDEX TO TRADE-MARK AND LABEL RULES. 



Subject. 



Rule. 



Amendments to applications 

form of 

Applications rejected prior to present law 

Articles not manufactured in this country 

Assignment of registered labels . 

Assignment of registered trade-marks 

when to be recorded 

fee for recording 

Benefits of label act, to whom confined 

Certificate of registration of trade-mark 

of label or print , 

Conflicting applications, procedure in 

Copies of labels, five required 

Copies of publications 

price of 

Correspondence 

Declaration, by whom verified 

cannot be amended 

requisites of 

Description of trade-mark required 

Domicile to be recited 

Duration of protection of trade-mark 

of label 

Essential features of trade-mark to be distinguished 

Fac-similes of trade-mark required 

formalities regulating 

number required 

Fee for abstracts, copies, &c 

registration of trade-mark 

of label 

recording assignment 

Foreigners, when entitled to register 

Foreign nations in commerce with which trade-mark is used to be 

named 

Form of label applicatiou 

trade-mark declaration 

letter of advice 

statement or specification 

Goods, particular kind to be recited 

Indian tribes in commerce with which the trade-mark is used to be 

named 

Information, certain kinds not given 

Label application, how made 

Lawful trade-marks only registrable 

Length of time used to be recited _ 

Letters must be addressed to the Commissioner 

data required _ 

Merchandise, class of, to be recited 

Name of applicant net registrable as a trade-mark 

Oath, by whom administrable _ 

Official Gazette « 

price of 

Place of business of applicant to be set forth 

Proceedings in the Office , 

Protection, who may obtain 



12 



13 



15 



13 
19 
14 
14 
22 
14 
14 
15 
22 
13 
22 
13 
21 
14 
15 
15 
12 
13 
12 
12 
12 
14 
22 
12 
12 
12 
12 
15 
12 
22 
15 
11 

12 
22 
18 
16 
16,17 
12 

12 
15 
21 
13 
11 
15 
15 
11 
13 
12 
14 
15 
11 
13 
11 



asm t m- 



(33) 



34 



Subject. 



Rule. 



Page. 



Registrants, under act of 1870 

Review by Commissioner of adverse decision of examiner of trade- 
marks 

Review by Commissioner of adverse decision of examiner of inter- 
ferences 

Renewal of protection 

Residence of applicant required 

Restriction on registration of trade-marks 

Statement, what to contain 

Statutory requirements in trade-mark cases 

Trade-mark examiner 

Transfer and assignment of trade-marks .- 

Use, manner or mode of, to be recited 



13 


13 


W 


14 


6 


12 


31 


13 


6 


IB 




11 


Id 


13 


16 


14 


G 


12 



RULES OF PRACTICE 



UNITED STATES PATENT OFFICE. 



REVISED APRIL 18, 1888. 



5866 R p- — 1 



General revision December 1, 1879, to take effect January 1, 1880. 

First revised edition September 1, 1880, under which Rules 20, 30, 31, 
89, par. (1) of 50, 55, 94, 101, 111, 116, 117, 118, 119, 120, 134, 144, 1G0, 
171, and 209 were amended. 

Second revised edition April 15, 18S2, under which Rules 39, 4G, 85, 
8G, 94, 124, and 171 were amended, and Forms J 7 and 18 consolidated 
and amended as Form 17. 

Third revised edition February 1, 1883, under which Rules 20, 2G, 39, 
47, and 59 were amended, and notes * * inserted at bottom of pages 9 
and 17. 

Fourth revised edition November 15, 1883, under which Rules 20, 2G, 
and 1G5 were amended. 

Fifth revised edition March 1, 1884, under which Rules 26, 62, and 
209, and Form 37, were amended. 

Sixth revised edition August 12, 1884, under which Rules 35, 67, 137, 
and 138 were amended. 

Seventh revised edition March 3, 1885, under which Rules 53, 94, 97, 
102, 104, 105, 106, 107, 116, 119, 126, 157, and 171 were amended. 

Eighth revised edition November 16, 1885, under which Rules 31, 32, 
33, 34, 35, 36, 37, 38, 39, 40, 41, 44, 45, 47, 86, 140, 144, and 145 were 
amended. 

Ninth revised edition July 13, 1886, under which Rules. 40, 67, 74, 
and 77 were amended. 

Tenth revised edition March 9, 1887, under which Rule 171 and Form 
21 were amended and Forms 19, 52, and 53 were inserted. 

2 



GENEEAL EEVISION. 

This edition of the Eules of Practice is a general revision of the last 
edition, March 9, 1887. The new rules introduced are 44 ; 2d and 3d 
paragraphs of 46 ; 2d par. of 77 ; 105 ; 2d par. of 111 j 132 j 157; 166 ; 
228 and 229, and the changes in the numbering of the rules, which will 
be found in this edition in the marginal note opposite each rule, are as 
follows : 

Old and present numbers of rules which have been renumbered. 



Old No. 


Pres- 
ent No. 


Old No. 


Pres- 
ent No. 


Old No. 


Pres- 
ent No. 


Old No. 


Pres- 
ent No. 


Old No. 


Pres- 
ent No. 


40 


41 


76 


77 


117 


123 


153 


158 


187 


195 


41 


42 


77 


78 


118 


124 


154 


159 


188 


196 


42 


43 


78 


79 


119 


125 


155 


160 


189 


197 


43 


40 


79 


80 


120 


126 


156 


161 


19C 


198 


44 


45 


80 


81 


121 


127 


157 


162 


191 


200 


45 


46 


81 


82 


122 


128 


158 


163 


192 


201 


46 


47 


82 


83 


123 


129 


159 


164 


193 


202 


47 


48 


83 


84 


124 


130 


160 


165 


194 


203 


48 


49 


84 


85 


125 


106 


161 


167 


195 


204 


49 


50 


85 


86 


126 


108 


162 


168 


196 


205 


50 


51 


86 


87 


127 


131 


163 


169 


197 j 


199 


51 


52 


87 


88 


128 


133 


164 


170 


206 


52 


53 


K8 


89 


129 


134 


165 


171 


198 


207 


53 


54 


89 


90 


130 


135 


166 


172 


199 


208 


54 


55 


90 


91 


131 


136 


167 


173 


200 


209 


55 


56 


91 


92 


132 


137 


168 


174 


201 


210 


56 


57 


92 


93 


133 


138 


169 


175 


202 


211 


57 


58 


93 


94 


134 


139 


170 


176 


203 


212 


58 


59 


94 


109 


135 


141 


( 


177 


204 


213 


59 


60 


102 


103 


136 


140 


171? 


178 


205 


214 


60 


61 


103 


101 


137 


142 


i 


179 


206 


215 


61 


62 


104 


107 


138 


143 


172 


180 


207 


216 


62 


63 


105 1 


110 


139 


144 


173 


181 


208 


217 


63 


64 


111 


140 


145 


174 


188 


209 


218 


64 


65 


106 


112 


141 


146 


175 


189 


210 


219 


65 


' 66 


107 


114 


142 


147 ' 


176 


182 


211 


220 


66 


67 


108 1 


115 


143 


148 


177 


183 


212 


221 


67 


68 


117 


144 


149 


178 


184 


213 


222 


68 


69 


109 


104 


145 


150 


179 


185 


214 


223 


69 


70 


110 


113 


146 


151 


180 


186 


215 


224 


70 


71 


111 


116 


147 I 

148 J 


152 


181 


187 


216 


225 


71 


72 


112 


118 


182 


191 


217 


226 


72 


73 


113 


119 


149 


153 


183 


190 


218 


227 


73 


74 


114 


120 


150 


154 


184 


192 






74 


75 


115 


121 


151 


155 


185 


193 






75 


76 


116 


122 


152 


156 


186 


194 







U. S. Patent Office, April 18, 1888. 



1-2 



RULES OF PRACTICE 

IN THE 

UNITED STATES PATENT OFFICE 

REVISED APEIL 18, 1888. 



The following regulations, designed to be in strict accord- i ^ e ^ t ^' Bec9 - 
ance with the Eevised Statutes relating to the grant of 
patents for inventions, are published for gratuitous distri- 
bution. Marginal references to corresponding provisions Marginal refer- 
of the .Revised Statutes and of the rules of March 9, 1887, 
are given for the convenience of the public and of the office. 

The observance of the appended forms, in all cases to „ observance of 

7 forms recom- 

which they may be applicable, is recommended to inventors mended. 
and attorneys. 
Printed copies of the Revised Statutes relating to the Printed copies 

,,., ,.. ,-. °* statutes fur- 

grant of patents may be obtained on application to the Com- nished. 

missioner. 

BENTON J. HALL, 

Commissioner of Patents. 

Approved to take effect immediately, except Rule 166, 
which will take effect thirty days from April 18, 1888. 
WILLIAM F. VILAS, 
Secretary of the Interior. 



CORRESPONDENCE. 

1. All business with the office should be transacted in writ- gjjj^ t0 b6 
ing. Unless by the consent of all parties, the action of the tran^aotedin 
office will be based exclusively on the written record. No 
attention will be paid to auy alleged oral promise, stipula- 
tion, or understanding in relation to which there is dis 
agreement or doubt. 

2. All office letters mustbe sent in the name of the "Com- 1887-2. 

Correspondence 

missioner of Patents." All letters and other communica-tobein thenanie 
tions intended for the office must be addressed to him ; if doner, 
addressed to any of the other officers they will ordinarily 
be returned. 



3-13 b 

1887—3. 3, Express charges, freight, postage, and all other 

All charges to *■ , V. ~ ~T , . •. 

be prepaid. charges on matter sent to the Patent Office must be prepaid 
in full; otherwise it will not be received. 
1887—4. 4. The personal attendance of applicants at the Patent 

teu(1ance n of ap- Office is iinnecess ary. Their business can be transacted by 

plkantsunneces- , 

sary. correspondence. 

Correlpondence ^. The assignee of the entire interest of an invention is 
withassigneas. en titled to hold correspondence with the office to the exclu- 
sion of the inventor. (See Kule 20.) 
1887-6. 6. When there has been an assignment of an undivided 

w i't h SP inven°or part of au invention, amendments and other actions reqnir- 
aud assignee. ing ^ signature of the inventor must also receive the 
written assent of the assiguee; but official letters will only 
be sent to the post-office address of the inventor, unless he 
shall otherwise direct. 
1887—7. 7. When au attorney shall have filed his power of attor- 

witu r au P o°raey nco ney, duly executed, the correspondence will be held with 
him. 
1887—8. 8. A double correspondence with the inventor and an as- 

Doiible corre- ... ... 

spondence. signee, or with a principal and his attorney, or with two at- 
torneys, can not generally be allowed. 
3887—9. 9. A separate letter should in every case be written in 

Separate let-,. ,-... ,. n . • ... 

tere. relation to each distinct subject of inquiry or application. 

Assignments for record, final fees, and orders for copies or 
abstracts must bs sent to the office in separate letters. 
i887-:o. 10. When a letter concerns an application, it should state 

Letters relating ■ ..»-.»« 

to applications, the name ot the applicant, the title of the invention, the 
serial number of the application (see Eule 31), and the date 
of filing the same. (See Rule 32.) 
Letters relating n. When the letter concerns a patent, it should state the 

to patents. x 

name of the patentee, the title of the invention, and the 
number and date of the pateut. 

Protests. 12. No attention will be paid to ex parte statements or 

protests of persons concerning pending applications to which 
they are not parties, unless information of the pendency of 
such applications shall have been voluntarily communicated 
by the applicants. 

Answers to let- i3. Letters received at the office will be answered, and 

tore and tele- 
grams, orders for printed copies filled, without unnecessary delay. 

Telegrams, if not received before 3 o'clock p. m., can not 

ordinarily be answered until the following day. 



7 14-17 

INFORMATION TO CORRESPONDENTS. 

Subjects on 

of an alleged invention in advance of the filing of an appli- ?. hich inform*, 

° » L l tion can not be 

cation for a patent, nor to inquiries propounded with a view s ive11 
to ascertaining whether any alleged improvements have 
been patented, and, if so, to whom; nor can it act as an ex- 
pounder of the patent law, nor as counselor for individuals, 
except as to questions arising within the ofiice. 

Of the propriety of making an application for a patent, Rev.siat.,secs. 
the inventor must judge for himself. The office is open to Records 'ami 
hira, and its records and models pertaining to all patents inventors? 611 
granted may be inspected either by himself or by any at- 
torney or expert he may call to his aid, and its reports are 
widely distributed. (See Eule 225.) Further than this the 
office can render him no assistance until his case comes reg- 
ularly before it in the manner prescribed by law. A copy 
of the rules, with this section marked, sent to the individual 
making an inquiry of the character referred to, is intended 
as a respectful answer by the office. 

Examiners' digests are not open to public inspection. Examiner's di- 

15. Caveats and pending applications are preserved in 1887— 15 
secrecy. No information will be given, without authority, pending applies 
respecting the filing by any particular person of a caveat or prery. ep 

of an application for a patent or for the reissue of a patent, 4902 ev ' 
the pendency of any particular case before the office, or the 
subject-matter of any particular application, unless it shall 
be necessary to the proper conduct of business before the 
office, as provided by Eules 97, 103, and 108. 

16. After a patent has issued, the model, specification, ]8 87-io 
drawings, and all documents relating to the case are subject 47 ^4si S ]^; Iggl' 
to general inspection, and copies, except of the model, will^®™*^ 3 ^ 
be furnished at the rates specified in Rule 218. ented cases - 

ATTORNEYS. 

17. Any person of intelligence and good moral character 1887— rr. 
may appear as the agent or the attorney in fact of an appli- 
cant upon filing a proper power of attorney. As the value 

of patents depends largely upon the careful preparation of 

the specifications and claims, the assistance of competent 

counsel will in most cases be of advantage to tbe applicant; 

bnt the value of their services will be proportionate to their 

skill and honesty, and too much care can not be exercised in 

their selection. The office cau not assume responsibility for djfcriteotiim?' 

the acts of attorneys, nor can it assist applicants in making 

selections. It will, however, be unsafe to trust those who 



18-22 



1887-18. 
Power of attor- 
ney. 



Copartners. 



-19. 
Substituti 



pretend to the possession of any facilities except capacity 
and diligence for procuring patents in a shorter time or with 
broader claims than others. 

18. Before any attorney, original or associate, will be 
allowed to inspect papers or take action of any kind, his 
power of attorney must be filed. But general powers given 
by a principal to an associate can not be considered. In each 
application the written authorization must be filed. A power 
of attorney purporting to have been given to a firm or co- 
partnership will not be recognized, either in favor of the firm 
or of any of its members, unless all its members shall be 
named in such power of attorney. 

19. Substitution or association can be made by an attorney 
and association. - upon the written authorization of his principal; but such 

authorization will not empower the second agent to appoint 
a third. 

20. Powers of attorney may be revoked at auy stage in 
the proceedings of a case upon application to and approval 
by the Commissioner; and when so revoked the office will 
communicate directly with the applicant, or such other at- 
torney as he may appoint. An attorney will be promptly 
notified by the examiner in charge of the case of the revo- 
cation of his power of attorney. An assignment of an 
undivided interest will not operate as a revocation of the 
power previously given ; but the assignee of the entire in- 
terest may be represented by an attorney of his own selec- 
tion. 

21. Parties or their attorneys will be permitted to examine 
their cases in the attorneys' room, but not iu the rooms of the 

Personal inter- examiner.-. Personal interviews with examiners will be per- 
aminers. mitted only as hereinafter provided. (See ltule 152.) 

1887-22. 22. (a) Applicants and attorneys will be require«l to con- 

courtesy in buai- duct their business with the office with decorum and cour- 
Tapers re- tesy. Papers presented in violation of this requirement 
will be returned. But all such papers will first be submit- 
ted to the Commissioner, and only returned by his direct 
order. 

(b) Complaints against examiners and other officers must 
be made in separate communications, and will be promptly 
investigated. 
487 leT ' stat ,8ee- ( c ) F° r gross misconduct the Commissioner may refuse to 
o<rnfz f ea al en°t rec rec0 ^ n ' ze an ^ P ersou as a patent agent, either generally or 
in any particular case ; but the reasons for such refusal will 
be duly recorded and be subject to the approval of the Sec- 
retary of the Interior. 



1887—21. 

A ttorneys' 



Complaints 
against examin- 
ers. 



9 23-26 

23. Inasmuch as applications can not be examiued out of 1887-23. 
their regular order, except in accordance with the provisions 

of Rule G3, and members of Congress cm neither examine ServicesofSen 

. 7 ... _ ators or Kepre 

nor act in patent cases without written powers of attorney, eentatives. 
applicants are advised not to impose upon Senators or Rep- 
resentatives labor which will consume their time without 
any advantageous results. 

APPLICANTS. 

24. A patent may be obtained by any person who has in- 1887-24, 
vented or discovered auy new and useful art, machine, 4886 ev- Stat '' 8ec ' 
manufacture, or composition of matter, or any new and use- 
ful improvement thereof, not kuown nor used by others in 

this country, and not patented nor described in any printed 
publication in this or any foreign country, before hisinven- A PP llcant8 - 
tion or discovery thereof, and not in public use nor on sale 
for more than two years prior to his application, unless the 
same is proved to have been abandoned. 

A patent may also be obtained by any person who, by Jf 87 ~| 4 t 
his own industry, genius, efforts, and expense, has invented 4929. 
and produced any new and original design for a manu- 
facture, bust, statue, alto-relievo, or bas-relief; any new 
and original design for the printing of woolen, silk, cotton, 
or other fabrics; any new and original impression, orna- De8itrn8 . 
ment, pattern, print, or picture to be printed, painted, cast, 
or otherwise placed on or worked into any article of man- 
ufacture; or any new, useful, and original shape or con- 
figuration of any article of manufacture, the same not having 
been known or used by others before his invention or pro- 
duction thereof, nor patented nor described in any printed 
publication, upon payment of the fees required bylaw and 
other due proceedings had. (See Rules 79 to 84.) 

25. In case of the death of the inventor, the application Executors and 

' administrators. 

will be made by and the patent will issue to his executor 
or administrator. In such case the oath required by Rule 1887— 25. 
40 will be made by the executor or administrator. In case 4806 ev ' k 
of the death of the inventor during the time intervening 
between the filing of his application and the grantiug of a 
patent thereon, the letters patent will issue to his legal rep- 
resentative. 

2G. In case of an assignment of the whole interest in the 1887—26. 
invention, or of the whole interest in the patent to be 4895. ' k 
granted, the patent will, upon request of the applicant, signee" 
issue to the assignee; and if the assignee hold an undi- 
vided part interest, the patent will, upon like request, issue 



27-3© 10 

and a 8 ii" P uo e r IJ oint, y to tlie inventor and the assignee; but the assign- 
jointly, liient in either case must first have been entered of record, 
and at a day not later than the date of the payment of the 
final fee (see Rule 215); and if it be dated subsequently 
to the execution of the application, it must give the date of 
execution of the application, or the date of filing, or the 
serial number, so that there can be no mistake as to the 
particular iuvention intended. The application and oath 
must be signed by the actual inventor, if alive, even if the 
patent is to issue to an assignee (see Rules 30, 40); if the 
inventor be dead, the application may be made by the ex- 
ecutor or administrator. 
1887-27. 27. If it appear that the inventor, at the time of making 
4923. his application, believed himself to be the first inventor or 

Iuven t or b e- * ' 

lievinghimseif to discoverer, a patent will not be refused on account of the 

bo hrst inventor. ' x , 

invention or discovery, or any part thereof^ having been 
known or used iu any foreign country before his invention 
or discovery thereof, if it had not been before patented or 
described in any printed publication. 
joki7 28 invent- ^* ^ 01U ^ i Q ventors arc entitled to a joint patent; neither 

or s- of them can obtain a patent for an invention jointly invented 

by them. Independent inventors of distinct and independ- 
ent improvements in the same machine can not obtain a 
joint patent for their separate inventions. The fact that one 
person furnishes the capital and another makes the iuven- 
tion does not entitle them to make an application as joint 
inventors; but in such case they may become joint pat- 
entees, upon the conditions prescribed in Rule 2G. 
TteJ~sut sec ^' ^ De rece *Pt 0I> letters patent from a foreign govern- 

4 rlrei n atents men * wu ^ no ^ P re vent the inventor from obtaining a patent 
iu the United States unless the iuvention shall have been 
introduced into public use in the United States more than 
two years prior to the filing of the application. But every 
patent granted for an invention which has been previously 
patented by the same iuventor in a foreign country will be 
Limit of term so limited as to expire at the same time with the foreign 

forefgnp°atent! or patent, or, if there be more than one, at the same time with 
the one having the shortest unexpired term ; but iu no case 
will it be in force more than seventeen years. 

THE APPLICATION. 

1887-30. 30. Applications for letters patent of the United States 

Rev. Stat., sees. 

4888 to 4892. must be made to the Commissioner of Patents, and must be 

application. signed by the inventor, if alive. (See Rules 26, 33, 40, 40.) 

A complete application comprises the first fee of $1/5, a 

petition, specification, and oath; and drawings, model, or 



11 



31-35 



specimen when required. (See Rules 49, 50, 62.) The pe- 
tition, specification, and oath must be in the English lan- 
guage. 

31. An application for a patent will not be placed upon i887— 31. 

„ . -,,,. , Kev.Stat.secs. 

the files for examination until all its parts, except the model 4888, 4889, 4890, 

' . , ' 4891, 4892, 4894. 

or specimen, are received. 

Every application signed or sworn to in blank, or without incomplete a P - 

J LL to ' plication not 

actual inspection by the applicant of the petition and specr filed. 

... , , Signed or sworn 

fication, and every application altered or partly filled up to in blank. 
after being signed or sworn to, will be stricken from the files. 

Completed applications are numbered in regular order, Annual aeries 
the present series having been commenced on the 1st of 
January, 1880. 

The applicant will be informed of the serial number of his 
application. 

The application must be completed and prepared for ex- Abandoned un- 

. , . P , , „,. „ , . . less completed 

animation within two years after the filing of the petition; within two years. 
and in default thereof, or upon failure of the applicant to 
prosecute the same within two 3 ears after any action thereon, 
of which notice shall have been duly mailed to him or his 
agent, the application will be regarded as abaudoned, un- 
less it shall be shown to the satisfaction of the Commis- 
sioner that such delay was unavoidable. (SeeRulesl71, 172.) 

32. It is desirable that all parts of the complete applica- 1887— 32. 
tion should be deposited in the office at the same time, and plication s to ^ 
that all the papers embraced in the application should be at- e ° ge 
tached together; otherwise a letter must accompany each 

part, accurately and clearly connecting it with the other 
parts of the application. (See Eule 10.) 



THE PETITION. 

33. The petition must be addressed to the Commissioner 
of Patents, and must state the name and residence of the' 
petitioner requesting the grant of a patent, designate by 
title the invention sought to be patented, contain a refer- 
ence to the specificati A n for a full disclosure of such inven- 
tion, and must be signed by the applicant. 



Rev. Stat., sec. 
388. 
Petition. 



THE SPECIFICATION. 

34. The specification is a written description of the inven- 
tion or discovery, and of the manner and process of making. Rev. stat., sec. 
constructing, compounding, and using the same, and is re- specification. 
quired to be in such full, clear, concise, and exact terms as 
to enable any person skilled in the art or science to which 
the invention or discovery appertains, or with which i( is 
most nearly connected, to make, construct, compound, and 
use the same. 



35-42 12 

1887-35. 35. The specification mast set forth the precise inven- 

Rev. Stat., aec. L , . , • , 

4888. tion for which a patent is solicited, and explain the principle 

scription. thereof, and the best mode in which the applicant has con- 

templated applying that principle, in such manuer as to 
distinguish it from other inventions. 
1887—36. 36. In case of a mere improvement, the specification must 

Rev. Stat., sec. . . L ,.",.,. 

4888. particularly point out the parts to which the improvement 

relates, and must by explicit language distinguish between 
what is old and what is claimed as new ; and the descrip- 
tion and the drawings, as well as the claims, should be con- 
fined to the specific improvement and such parts as neces- 
sarily co-operate with it. 
culms 7 ' ^' ^ ne s P ec i ncaT i° n must conclude with a specific and 

distinct claim or claims of the part, improvement, or com- 
bination which the applicant regards as his invention or 
discovery. 
1887—38. 38. When there are drawings the description will refer 

drawings. to the different views by figures and to the different parts 

by letters or numerals (preferably the latter). 
Arr!n~ 3 ment 39. The following order of arrangementshould be observed 

specification. in framing the specification : 

(1) Preamble stating the name and residence of the 

applicant, the title of the invention, and, if the 
invention has been patented in any country, the 
country or countries in which it has been so pat- 
ented, and the date and number of each patent. 

(2) General statement of the object and nature of the 

invention. 

(3) Brief description of the several views of the draw- 

ings (if the invention admits of such illustration). 

(4) Detailed description. 

(5) Claim or claims. 

(6) Signature of inventor. 

(7) Signatures of two witnesses. 

1887—43. 40. The specification must be signed by the inventor or 

Rev. Stat., sec. , . . , . . . , ,, 

4888. by his executor or administrator, and the signature must be 

specifications. ° attested by two witnesses. Full names must be given, and 
all names, whether of applicants or witnesses, must be 
legibly written, 
jolnde? of in- 41 * Twoor more independent in ventionscan not be claimed 
ventions. j u one application ; but where several distinct inventions are 

dependent upon each other and mutually contribute to pro- 
duce a single result they may be claimed in one application. 
l!? 7 .-^ 1 - . 42. If several inventions, claimed in a single application. 

Division of ap- ' o i i 

plication. be of such o. nature that a single patent may not be issued 

to cover them, the inventor will be required to limit the 



13 43-46 

description, drawing, and claim of the pending application 
to whichever invention he may elect. The other inventions 
may be made the subjects of separate applications, which 
must conform to the rules applicable to original applica- 
tions. If the independence of the inventions be clear, such 
limitation will be made before any action upon the merits j 
otherwise it may be made at any time before final action 
thereon, in the discretion of the examiner. 

43. When an applicant files two or more applications re- :887-42. 
lating to the same subject-matter of invention, all showing ence^nVases^ 
but only one claiming the same thing, the applications not JJJj|, t t0 8ame 
claiming it must contain references to the application claim- 
ing it. 

44. A reservation for a future application of subject-mat- Reservation 
ter disclosed but not claimed in a pending application, butmftted! no per 
which subject-matter might be claimed therein, will not be 
permitted in the pending application. 

45. The specification and claims must be plainly written 18S7-44. 

• x i 1 x -i ^ ^ a 1, - , t ,. Rev. Stat., sec 

or printed on but one side of the paper. All interlineations 4888. 
' and erasures must be clearly referred to in marginal or foot required 6 wri me 
notes on the same sheet of paper. Legal-cap paper with 
the lines numbered is deemed preferable, and a wide mar- 
gin must always be reserved upon the left-hand side of the 
page. 

THE OATH. 

46. The applicant, if the inventor, must make oath or 
affirmation that he does verily believe himself to be the 1887-45. 

... Rev. Stat., sec. 

original and first inventor or discoverer 01 the art, machine, 4892. 
manufacture, composition, or improvement for which he cant, 
solicits a patent, that he does not know and does not believe 
that the same was ever before known or used, and shall 
state of what country he is a citizen and where he resides. 
In every original application the applicant must distinctly 
state, under oath, whether the invention has or has not 48 ^- 8 g at - 8eca - 
been patented to himself, or to others with his knowledge f0 r e ^ men atents 
or consent, in any country, and, if it has been, the country ^a public use. 
or countries in which it has been so patented, giving the 
date and number of each patent; and should also state 
that it has not been patented in any other country or coun- 
tries than those mentioned, and that, according to his 
knowledge and belief, the invention has not been in public 
use or on sale in the United States for more than two years 
prior to the application in this country.* (See Eule 39.) 

*Note. — In all applicatious for letters patent riled iu this office sub- 
sequent to October 24, 1882, the signature of the applicant is required 
to the oatb, in accordance with Form 17, Appendix. 



4 14 

If such application shall bo found to be patentable, on 
the payment of the final fee, or at some time before patent 
shall issue, applicant shall file a statement setting forth, by 
date and number, so far as known, any patents for the same 
invention, granted to him or to others with his knowledge 
or consent, between the date of the execution of the appli- 
cation and the date of such payment. 
Additional The Commissioner may require an additional oath in 
cases where the applications have not been tiled in the 
Patent Office within a reasonable time after the execution 
of the original oath. 
1887-46. 47. If the application be made by an executor or adrnin- 

4896 ev ' stat *' sec * istrator, the form of the oath will be correspondingly 

Oath by execu- ph ail p-p(] 
tororadministra- ^"^Ugeu. 

t0 officers author ^- ue oatu or a ffi rlI)a tion may be made before any person 
tlr d oa t t > h8 admini8 wit hin 1ne United States authorized by law to administer 
oaths, or, when the applicant resides in a foreign country, be- 
fore any minister, charge d'affaireSj consul, or commercial- 
agent holding commission uuder the Government of the 
United States, or before any notary public of the foreign con n- 
try in which the applicant may be, the oath being attested in 
all cases, in this and other countries, by the proper official 
seal of the officer before whom the oath or affirmation is made. 
When the person before whom the oath or affirmation is made 
is not provided with a seal his official character shall be estab- 
lished by competent evidence, as by a certificate from a clerk 
of a court of record or other proper officer having a seal.* 
1887—47. 48. In case the applicaut seeks by amendment to intro- 

oath P to 6 ™mend- duce any claim not substantially embraced in the statement 
newmatter aciDg of invention or claim originally presented, and therefore 
not covered by the original oath, he will bo required to file 
a supplemental oath to the effect that the subject-matter of 
the proposed amendment was part of his invention and 
was invented before he filed his original application, and 
such supplemental oath must be attached to and properly 
identify the proposed amendment. 

THE DRAWINGS. 

1887-48. 49. The applicant for a patent is required by law to fur- 

Rev. Stat., sec. , „ . 

«89. msh a drawiug of his invention whenever the nature of the 

Drawings. , . 

case admits of it. 

*A certificate of the official character of a magistrate, stating date «>f 
appointment and term of office, may be filed in the Patent Office, which 
will obviate the necessity of separate certificates in individual cases. 



Uniform stand- 



15 50-51 

50. The drawing may be signed by the inventor, or the ^uTsftes of 
name of the inventor may be signed on the drawing by his drawings. 
attorney in fact, and must be attested by two witnesses. 

The drawing must show every feature of the invention cov- 
ered by the claims. When the invention consists of an im- 
provement on an old machine, the drawing must exhibit, in 
one or more views, the invention itself, disconnected from 
the old structure, and also, in another view, so much only of 
the old structure as will suffice to show the connection of 
the invention therewith. 

51. Three several editions of patent-drawings are printed 1887— so. 
and published: one for office use, certified copies, etc., of of drawings. 
the size and character of those attached to patents, the 

work being about 6 by 9£ inches ; one reduced to half that 
scale, or one-fourth the surface, of which four are printed 
on a page to illustrate the volumes distributed to the courts ; 
and one reduction — to about the same scale — of a selected 
portion of each drawing for the Official Gazette. 

This work is done by the photolithographic process, and 
therefore the character of each original drawing must be 
brought as nearly as possible to a uniform standard of ex 
cellence, suited to the requirements of the process, and cal- ard 
culated to give the best results, in the interests of inventors, 
of the office, and of the public. The following rules will 
therefore be rigidly enforced, and any departure from them 
will be certain to cause delay in the examination of an ap- 
plication for letters patent : 

(1) Drawings must be made upon pure white paper Paper and int. 

of a thickness corresponding to three-sheet Bristol- 
board. The surface of the paper must be calen- 
dered and smooth. India ink alone must be used, 
to secure perfectly black and solid lines. 

(2) The size of a sheet on which a drawing is made must size of sheet 

be exactly 10 by 15 inches. One inch from its edges fines™ argina 
a single marginal line is to be drawn, leaving the 
" sight" precisely 8 by 13 inches. Within this 
margin all work and signatures must be included. 
One of the shorter sides of the sheet is regarded as 
its top, and, measuring downwardly from the mar- 
ginal line, a space of not less than 1£ inches is to be 
left blank for the heading of title, name, number, 
and date. 

(3) All drawings must be made with the pen oniv. Character and 

v ' *• color of lines. 

Every Hue and letter (signatures included) must be 
absolutely black. This direction applies to all 
lines, however fine, to shading, and to lines repre- 



51 16 

senting cut surfaces in sectional views. All lines 
must be clean, sharp, and solid, and they must not 
be too fine or crowded. Surface shading, when 
used, should be open. Sectional shading should 
be made by oblique parallel lines, which may be 
about one-twentieth of an inch apart. 
littte^rSTshaS ( 4 ) drawings should be made with the fewest lines 
in s- possible consistent with clearness. By the observ- 

ance of this rule the effectiveness of the work after 
reduction will be much increased. Shading (ex- 
cept on sectional views) should be used only on 
convex and concave surfaces, where it should be 
used sparingly, and may even there be dispensed 
with if the drawing is otherwise well executed. 
The plane upon which a sectional view is taken 
should be indicated on the general view by a broken 
or dotted line. Heavy lines on the shade sides of 
objects should be used, except where they tend to 
thicken the work and obscure letters of reference. 
The light is always supposed to come from the up- 
per left-hand corner at an angle of forty-five de- 
grees. Imitations of wood or surface graining 
should not be attempted. 
_^scaie of draw- (5) The scale to which a drawing is made ought to be 
large enough to show the mechanism without 
crowding, and two or more sheets should be used 
if one does not give sufficient room to accomplish 
this end ; but the number of sheets must never be 
more than is absolutely necessary. 
Letters of ref- (6) The different views should be consecutively num- 

erence. v ' v 

bered. Letters and figures of reference must be care- 
fully formed. They should, if possible, measure at 
least one-eighth of an inch in height, so that they 
may bear reduction to one twenty-fourth of an 
inch ; and they may be much larger when there is 
sufficient room. They must be so placed in the 
close and complex parts of drawings as not to in- 
terfere with a thorough comprehension of the same, 
and therefore should rarely cross or mingle with 
the lines. When necessarily grouped around a 
certain part, they should be placed at a little dis- 
tance, where there is available space, and con- 
nected by short broken lines with the parts to 
which they refer. They must never appear upon 
shaded surfaces, and when it is difficult to avoid 
this, a blank space must be left in the shading where 



17 51 

the letter occurs, so that it shall appear perfectly 
distinct and separate from the work. If the same 
part of an invention appear in more than one view 
of the drawing it must always be represented by 
the same character, and the same character must 
never be used to designate different parts. 

(7) The signature of the inventor should be placed at signatures of 
the lower right-hand corner of the sheet, and the noises. 01 " a 
signatures of the witnesses at the lower left-hand 
corner, all within the marginal line, but in no in- 
stance should they trespass upon the drawings. 
(See specimen drawing, Appendix.) The title Title. 
should be written with pencil on the back of the 
sheet. The permanent names and title will be sup- 
plied subsequently by the office in uniform style. 

When views are longer than the width of the sheet, Large views. 
the sheet should be turned on its side, and the 
heading will be placed at the right and the signa- 
tures at the left, ocupying the same space and po- 
sition as in the upright views, and being horizon- 
tal when the sheet is held in an upright position; 
and all views on the same sheet must stand in the 
same direction. 

($) As a rule, one view only of each invention can be Yigare for g* 
shown in the Gazette illustrations. The selection zette- 
of that portion of a drawing best calculated to ex- 
plain the nature of the specific improvement would 
be facilitated and the final result improved by 
the judicious execution of a figure with express 
reference to the Gazette, but which might at the 
same time serve as one of the figures referred to 
in the specification. For this purpose the figure 
may be a plan, elevation, section, or perspective 
view, according to the judgment of the draftsman. 
It must not cover a space exceeding 16 square 
inches. All its parts should be especially open 
and distinct, with very little or no shading, and it 
must illustrate the invention claimed only, to the 
exclusion of all other details. ( See specimen draw- 
ing.) When well executed, it will be used with- 
out curtailment or change; but any excessive fine- 
ness, or crowding, or unnecessary elaborateness of 
detail will necessitate its exclusion from the Ga- 
zette. 

5866 r p 2 



52-56 18 

Drawinsstobe (9) Drawings should be rolled for transmission to the 

rolled for trans- \ ' ° 

mission. oflSce, DOt folded. 

No stamp, ad- ' 

vertisement, or An agent's or attorney's stamp, or advertisement, or 

address permit- CT 

ted on face ofwritten address will not be permitted upon the face of a 
drawing, within or without the marginal line. 

ifr^in^a for ^-' These rules are modified as to drawings for designs. 
designs. " (See rules for designs, 82, 83, 84.) 

1887-52. 53. All reissue applications must be accompanied by new 

Drawings for L L ........ 

reissue appiica- drawings, of the character required in original applications, 

tions. . . , . „ 

Rev. stat., sec. and the inventors name must appear upon the same m all 
cases; and such drawings shall be made upon the same 
scale as the original drawing, or upon a larger scale, unless 
a reduction of scale shall be authorized by the Commis- 
sioner. 

1887-53. 54. The foregoing rules relating to drawings will be rig- 

taj? ctiv0 draw ' idl y enforced. Every drawing not artistically executed in 
conformity thereto may be admitted for purposes of exam- 
ination if it sufficiently illustrates the invention; but in such 
cases a new drawing must be furnished before the applica- 
tion can be allowed. The office will make the necessary 
corrections at the applicant's option and cost. 

1887-54. 55, Applicants are advised to employ competent artists to 

Drawings fur- r * 

nished by office, make their drawings. 

The office will furnish the drawings at cost, as promptly 
as its draftsmen can make them, for applicants who can 
not otherwise conveniently procure them. 

No employes of the Patent Office, except those regularly 
assigned to such duty, shall make any drawings, whether 
copies or originals, for applicants, agents, or attorneys. 

THE MODEL. 

1887—55. 56. Preliminary examinations will not be made for the 

Rev. Stat., sec. . . . 

489i. purpose of determining whether models are required in par- 

Models, when 1 . * ,. * ,.--,,, 

required. ticular cases. Applications complete in all other respects 

will be sent to the examining divisions, whether models are 
or are not furnished. A model will only be required or ad- 
mitted as a part of the application when on examination of 
the case in its regular order the primary examiner shall 
find it to be necessary or useful. In such case, if a model 
has not been furnished, the examiner shall notify the ap- 
plicant of such requirement, which will constitute an official 
action in the case. When a model is received in compliance 
with the official requirement, the date of its filing shall be 
entered on the file-wrapper. Models not required nor ad- 
mitted, if already filed, will be returned to the applicants. 
When a model is required the examination will be suspended 
until it shall have been filed. From a decision of the pri- 



19 57-62 

mary examiner overruling a motion to dispense with a model 
au appeal may be taken to the Commissioner in person, 
under the provisions of Kule 145. 

57. The model must clearly exhibit every feature of the 1887-56. 
machine which forms the subject of a claim of invention, model"' 81 * 68 
but should not include other matter than that covered by 

the actual invention or improvement, unless it be necessary 
to the exhibition of the invention in a working model. 

58. The model must be neatly and substantially made of ^ 87 ~ 57 : 

v J Material and 

durable material, metal being deemed preferable; but when dimensions. 
the material forms an essential feature of the invention, the 
model should be constructed of that material. The model 
must not be more than one foot in length, width, or height, 
except in cases in which the Commissioner shall admit work- 
ing models of complicated machines of larger dimensions. 
If made of wood, it must be painted or varnished. Glue 
must not be used ; but the parts should be so connected as 
to resist the action of heat or moisture. When practicable, 
to prevent loss, the model or specimen should have the 
name of the inventor permanently fixed thereon. In cases 
where models are not made strong and substantial, as here 
directed, the application will not be examined until a proper 
model is furnished. 

59. A working model is often desirable, in order to enable 1887-58. 
the office fully and readily to understand the precise opera- e is. 01 ing m ° 
tion of the machine. 

60. In all applications which have remained rejected for i887— 59. 

;,.-,-, Rev. Stat., sec. 

more than two years, the model, unless it is deemed neces-485. 

sary that it should be preserved in the office, may be returned jected and aban- 

to the applicant upon demand, and at his expense ; and the 

model in any pending case of less than two years' standing 

may be returned to the applicant upon the filing of a formal 

abandonment of the application, signed by the applicant in 

person. (See Kule 171 .) 

Models belonging to patented cases shall not be taken ^odeiam pat- 
from the office except in the custody of some sworn employe 
of the office specially authorized by the Commissioner. 

61. Models filed as exhibits in contested cases may, at isst-go. 
his expense and upon his order, be returned to the appli- exhibits 8 
cant. If not claimed within a reasonable time they may 

be disposed of at the discretion of the Commissioner. 

SPECIMENS. 

62. When the invention or discoverv is a composition of 1887— ei. 

. , , , ",, . . , ,, Rov. Stat., sec 

matter, the applicant, if required by the Commissioner, shall 4890. 
furnish specimens of the composition, and of its ingredients, specimens. 



63 20 

sufficient in quantity for the purpose of experiment. In all 
cases where the article is not perishable, a specimen of the 
composition claimed, put up in proper form to be preserved 
by the office, must be furnished. (Kales 56, GO, and 61 ap- 
ply to specimens also.) 

THE EXAMINATION. 
1887-62. 03. Applications filed in the Patent Office ar^ classified 

Order of exam- rx 

ination. according to the various arts, and are taken up for examina- 

tion in regular order of filing, those in the same class of 
invention being examined and disposed of, as far as prac- 
ticable, in the order in which the respective applications are 
completed. 

The following new applications have preference over all 

other new cases at every period of their examination, in the 

order enumerated: 

case8 ivileged (*) Applications wherein the inventions are deemed of 

peculiar importance to some branch of the public 

service, and when for that reason the head of some 

department of the Government specially requests 

immediate action, and the Commissioner so orders. 

(2) Applications for extensions. 

(3) Applications for reissues. 

(4) Applications covering inventions pateuted, or for 

which applications have been made by the same 
inventor in foreign countries. 

(5) Applications which appear to interfere with other 

applications previously considered and found to be 
allowable, or which it is demanded shall be placed 
in interference with an unexpired patent or pat- 
ents. 
The following applications, previously acted upon, will 
have preference over other business : 

(1) Cases remanded by an appellate tribunal for fur- 

ther action, and statements of grounds of decisions 
provided for in Boles 135 and 145. 

(2) Applications which have been put into condition 

for further action by the examiner shall be entitled 
to precedence over new applications in the same 
class of invention. 

(3) Applications which have been renewed or revived 

but the subject-matter not changed. 

(4) When the inventor dies and his executor or admin- 

istrator files a new application for the same inven- 
tion, the new application may be given the same 
status in the order of examination as the original 
by order of the Commissioner. 



21 64-66 

64. The first step in the examination of an application ^ 887 - 6 . 3 - 

x L L Questions of 

will be to determine whether it is, in all respects, in proper form. 
form. If, however, the objections as to form are not vital, 
the examiner shall proceed to the consideration of the appli- 
cation on its merits ; and in such case he must, if possible, 
in his first letter to the applicant, state all his objections, 
whether formal or otherwise, and until the formal objections 
are disposed of, further action will not be taken upon the 
merits without the order of the Commissioner. 

REJECTIONS AND REFERENCES. 

65. Whenever, on examination, any claim of an applica- i887— 64. 
tiou is rejected for any reason whatever, the applicant will4903 ev ' tat ' 3ec 



be notified thereof. The reasons for such rejection will be ti(S ot w^h f infor- 
mation and refer- 



tion with infor- 

fully and precisely stated, and such information and refer- en 
ences will be given as may be useful in aiding the applicant 
to judge of the propriety of prosecuting his application or of 
altering his specification ; and if, after receiving such notice, 
he shall persist in his claim, with or without altering his 
specification, the application will be reexamined. If upon EMiamina . 
re-examination the claim shall be again rejected, the reasons tion - 
therefor will be fully and precisely stated. 

66. Upon the rejection of an application for want of nov- 1887-65. 
elty, the examiner must cite the best references at his com- for wau^ofno v- 
mand. When the reference shows or describes inventions enJesKeciS! 
other than that claimed by the applicant, the particular notice n of te reje<> 
part relied on will be designated as nearly as practicable. tl0n ' 
The pertinence of the reference, if not obvious, must be 
clearly explained and the anticipated claim specified. 

If domestic patents be cited, their dates and numbers, nitatio* «f 
the names of the patentees, and the classes of invention 
must be stated. If foreign patents be cited, their dates and 
numbers must be stated, and such other data must be fur- 
nished as will enable the applicant to identify the patents 
cited. If printed publications be cited, the title, date, 
page, or plate, and place of publication, or place where a 
copy can be found, will be given. When reference is made 
to facts within the personal knowledge of an employe" of 
the office, the data will be as specific as possible, and the 
reference must be supported, when called for, by the affi- 
davit of such employe 1 (Rule 76); such affidavit shall be 
subject to contradiction, explanation, or corroboration by 
the affidavits of the applicant and other persons. If the 
patent, printed matter, plates, or drawings so referred to 



67-69 22 

are in the possession of the office, copies will be furnished 
at cost upon the order of the applicant. 
1887-G6. 67. Whenever, in the treatment of an ex parte application, 

Adverse decis- , . . . , , . 

ions on preiimi-an adverse decision is made upon any preliminary or inter- 

"x T partelases. m mediate question, without the rejection of any claim, notice 

thereof, together with the reasons therefor, will be given to 

the applicant, in order that he may judge of the propriety 

of the action. If, after receiving such notice, he traverse 

ti ^ econ8ldera " the propriety of the action, the matter will be reconsidered. 

AMENDMENTS AND ACTIONS BY APPLICANTS. 

1887-67. 68. The applicant has a right to ameud before or after the 

Righttoamend. ~ 

first rejectiou or action ; and he may ameud as often as the 

examiner presents new references or reasons for rejection. 

Requisites of i n so amending, the applicant must clearlv point out all the 

amendments. *" L \ . " l 

patentable novelty which he thinks the case presents in 
view of the state of the art disclosed by the references cited 
or the objections made. He must also show how the amend- 
ments avoid such references or objections. 

After such action upon au application as will entitle the 

applicant to an appeal to the examiners in-chief (Rule 134), 

Amendment or after such appeal has been taken, amendments cauceling 

after claims . l . 7 ° 

ready foi appeal, claims or presenting those rejected in better form for con- 
sideration on appeal may be admitted; but the admission 
of such au amendment or its refusal, and any proceedings 
relative thereto, shall not operate to relieve the application 
from its condition as subject to appeal, or to save it from 
abandonment under Rule 171. If amendments touching 
the merits of the application are presented after the case 
is in condition for appeal, or after appeal has been taken, 
they maybe admitted upon a showing duly verified of good 
and sufficient reasons why they were not earlier presented. 
From the refusal of the primary examiner to admit an 
amendment a petition will lie to the Commissioner under 
Rule 145. No amendment can be made in appealed cases 
between the filing of the examiner's statement of the grounds 
of his decision (Rule 135) and the decision of the appellate 
tribunal. After decision on appeal amendments can only 
be made as provided in Rule 142. 
1887-68. G9. Iu order to be entitled to the reconsideration provided 

conaXration. re for in Rules C5 and 67, the applicant must make request 
therefor iu writing, and he must distinctly and specifically 
point out the supposed errors in the examiner's action. 
The mere allegation that the examiner has erred will not 
be received as a proper reason for such reconsideration. 



23 70-74 

70. In original applications which are capable of ill us tra- 1 A 887_ 5 9 - 

° *- * *- Aniendincu ts 

tion by drawing or model all amendments of the model, to correspond to 

. . ' original model, 

drawings, or specification and all additions thereto must drawing, or spe- 
couform to at least one of them as it was at the time of the 
filing of the application. Matter not found in either involv- 
ing a departure from the original invention can be shown 
or claimed only in a separate application. If the invention in ta^\ d hichdo 
does not admit of illustration by drawing or model, amend- notadmitoffflus- 

" " ' tration by model 

ment of the specification will be permitted upon proof sat- or drawing, 
isfactory to the Commissioner that the matter covered by the 
proposed amendment was a part of the original invention. 
The supplemental oath prescribed in Eule 48 may or may 
not be sufficient. 

71. The specification and drawing must be amended and 1887-70. 

° . Inaccuracies 

revised, when required, tor the purposes of correcting inac- orproimty. 
curacies of description or unnecessary prolixity, and of se- 
curing correspondence between the claim, the specification, 
and the drawing. 

72. After the completion of the application the office will 1887-71. 
not return the specification for any purpose whatever. If not^to^be* 1 ™ 
applicants have not preserved copies of the papers which turned - 

they wish to amend, the office will furnish them on the usual 
terms. 

The model or drawing, but not both at the same time, Model or draw- 
may be withdrawn for correction. But a drawing can not ™f Jctio™ ed f ° r 
be withdrawn unless a model has been filed and accepted 
by the examiner as a part of the application. 

73. In every amendment the exact word or words to be 1887-72. 
stricken out or inserted in the application must be specified, m^sf be specific 8 
and the precise point indicated where the erasure or inser- 
tion is to be made. All such amendments must be on sheets 

of paper separate from the papers previously filed, and writ ten 

written on but one side of the paper. Erasures and muti- 
lation of the papers and records must not be made by the 
applicant. 

Amendments and papers requiring the signature of the signature to 
applicant must also, in case of assignment of ;in undivided aua-ndnionts. 
part of the invention, be signed by the assignee. (Rules 6, 
107.) 

74. When an amendatory clause is amended it must be specification 
wholly rewritten, so that no interlineation or erasure shall rewritten - 
appear in the clause, as finally amended, when the applica- 
tion is passed to issue. If the number or nature of the 
amendments shall render it otherwise difficult to consider 

the case, or to arrange the papers for printing or copying, 



*5-7§ 24 

the examiner or Commissioner may require the entire speei- 
fication to be rewritten. 

1887-74. 75. When an original or reissue application is rejected on 

ing but not claim- reference to an expired or unexpired domestic patent which 
substantially shows or describes but does not claim the re- 
jected invention, or on reference to a foreign patent or to a 

Oath. printed publication, and the applicant shall make oath to 

facts showing a completion of the invention in this country 
before the filing of the application on which the domestic 
patent issued, or before the date of the foreigu patent, or 
before the date of the printed publication, and shall also 
make oath that he does not know and does not believe that 
the invention has been in public use or on sale in this coun- 
try for more than two years prior to his application, aud 
that he has never abandoned the invention, then the patent 
or publication cited will not bar the grant of a patent to 
the applicant. 

1887—75. 76, When an application is rejected on reference to an 

Application L L ° 

showing but not expired or unexpired domestic patent which shows or de- 
claiming inven- ... - . 
tion. scribes but does not claim the invention, or on reference 

to a foreign patent, or to a printed publication, or to facts 

within the personal knowledge of an employe of the office, 

set forth in an affidavit (when requested) of such employ6 

(Rule G6), or when rejected on the ground of public use or 

sale, or upon a mode or capability of operation attributed to 

a reference, or because the alleged invention is held to be 

inoperative, or frivolous, or injurious to public health or 

morals, affidavits or depositions supporting or traversing 

Affidavits. these references or objections maybe received; but affida- 
vits will not be received in other cases without special per- 
mission of the Commissioner. (See Rule 140.) 

1887-76. 77. If an applicant neglect to prosecute his application 

4894 ev ' Stat- ' 8ec ' * or t w0 years after the date when the last official notice of 

Abandonment. aD y action by the office was mailed to him, the application 
will be held to be abandoned, as set forth in iule 171. 

suspension of Whenever action upon au application is suspended upon 

application. request of an applicant, the period of two years running 

against such application shall be considered as beginniug 

at the date of the last official action preceding such request. 

Amendment ^8. Amendments will not be permitted after the notice 
afurm!^rfS ^ a ^ owauce of an application, aud the examiner will exer- 
iowanc<». c i se jurisdiction over such au application only by special 

authority from the Commissioner. 

Amendment Amendments not aftectinsr the merits mav be made after 

without with- ... _. „ 

drawai from is- the allowance of an application, and after payment of the 
final fee, if the specification has not been printed, on the 



25 79-84 

recommendation of the primary examiner, approved by the 
Commissioner, without withdrawing the case from issue. 
(See Rule 165.) 

DESIGNS. 

79. A patent for a design may be granted to any person ^ 887 -r t 78 ; 
in the cases specified in Rule 24, upon payment of the fee 4929 to 4933! 

,. . Design patents, 

required by law, and other clue proceedings had, as in cases to whom granted. 
of inventions or discoveries. 

80. Patents for designs are granted for the term of three ^| 7 ~^ t 
and one-half years, or for seven years, or for fourteen years, 4931. ' 
as the applicant may, in his application, elect. sign patents. 

81. The proceedings in applications for patents for de- 1887-80. 
signs are substantially the same as in applications for other Rev^sta^fsec. 
patents. The specification must distinctly point out the 
characteristic features of the design, and carefully distin- 
guish between what is old and what is believed to be new. 

The claims also, when the design admits of it, should be as 
distinct and specific as in the case of other applications. 
The following order of arrangement should be observed in 
framing the specification : 

(1.) Preamble stating name and residence of the appli- of ^ r ec°fcation * 
cant, title of the design, and the name of the article 
for which the design has been invented. 
(2.) Detailed description of the design as it appears in 
the drawing or photograph, letters or figures of 
reference being used. 
(3.) Claim or claims. 
(4.) Signature of inventor. 
(5.) Signatures of two witnesses. 

82. When the design can be sufficiently represented by 
drawings or photographs a model will not be required. 

83. Wheuever a photograph or an engraving is employed im— 82. 

to illustrate the design it must be mouuted upon Bristol- EngSS. 3 ' 
board 10 by 15 iuches in size, and properly signed and wit- 
nessed. The applicant will be required to furnish ten extra 
copies of such photograph or engraving (not mounted), of 
a size not exceeding 7£ inches by 11. Negatives are not 
required. 

84. Wheuever the design is represented by a drawing 1887—83. 
made to conform to the rules laid down for drawings of me- rawuig - 
chauical inventions, but one copy need be furnished. Ad- 
ditional copies will be supplied by the photolithographic 
process at the expense of the Patent Office. 

(For forms to be used in applications for design patents, 
see Appendix.) 



Pev. Stat., sec. 



85-88 26 



REISSUES. 

1887-84. 85. A reissue is granted to the original patentee, his le- 

4 B5, V 49i6. ,se08 ' gal representatives, or the assignees of the entire interest, 
granted* 16 ' when when the original patent is inoperative or invalid by rea- 
son of a defective or insufficient specification, or by reason 
of the patentee claiming as his invention or discovery more 
than he had a right to claim as new, provided the error has 
arisen through inadvertence, accident, or mistake, aud 
without any fraudulent or deceptive intention. 

Reissue applications must be made and the specifications 
sworn to by the inventors, if they be living. 
1887-85. 86. The petition for a reissue must be accompanied by 

Abstract of ti- . * . . . l *\ 

tie. a certified copy of the abstract of title, giving the names of 

Assent of as- „ . LJ . ,. ., _ . ' f *• , 

signees. all assignees owning any undivided interest in the patent. 

In case the application be made by the inventor, it must be 

accompanied by the written assent of such assignees. 

Prerequisites. 87. Applicants for reissue, in addition to the require- 

1887-86. ments of Rule 46, must also file with their petitions a state- 

Oath of appli- , , , „ ■., 

cant for reissue, ment on oath as follows : 

(1) That applicant verily believes the original patent to 

be inoperative or invalid, aud the reason why. 

(2) When it is claimed that such patent is so inopera- 

tive or invalid " by reason of a defective or insuffi- 
cient specification," particularly specifying such 
defects or insufficiencies. 

(3) When it is claimed that such patent is inoperative 

or iuvalid "by reason of the patentee claiming as 
his own invention or discovery more than he had a 
right to claim as new," distinctly specifying the 
part or parts so alleged to have been improperly 
claimed as new. 

(4) Particularly specifying the errors which it is 

claimed constitute the inadvertence, accident, or 
mistake relied upon, and how they arose or oc- 
curred. 

(5) That said errors arose " without any fraudulent or 

deceptive intention" on the part of the applicant. 
1887-87 88. New matter shall not be allowed to be introduced 

New matter. 

into the reissue specification, nor in case of a machine 
shall the model or drawings be amended except each by 
the other; but when there is neither model nor drawing, 
amendments may be made upon proof satisfactory to the 
Commissioner that such new matter or amendment was a 
part of the original invention and was omitted from the 
specification by inadvertence, accident, or mistake. 



27 89-94 

89. The Commissioner may, in his discretion, cause sev- 
eral patents to be issued for distinct and separate parts of 

the thing patented, upon demand of the applicant, and "SKln of re- 
upon payment of the required fee for each division of suchj?^ 6 a PP lica - 
reissued letters patent. Each division of a reissue con- 
stitutes the subject of a separate specification descriptive 
of the part or parts of the invention claimed in such divis- 
ion; and the drawing may represent only such part or 
parts, subject to the provisions of Eule 50. Unless other- 
wise ordered by the Commissioner, all the divisions of a .^ ^^^4° 
reissue will issue simultaneously; if there be any contro-°usiy- 
versy as to one division, the others will be withheld from 
issue until the controversy is ended, unless the Commis- 
sioner shall otherwise order. 

90. An original claim, if reproduced in the reissue speci- pJ 8 J~^ ination 
fication, is subject to re-examination, and the entire appli-« f reissue claims, 
cation will be revised and restricted in the same manner as 

original applications. 

91. The application for a reissue must be accompanied by g 8 n 8 r 7 ~^' e r of 
a surrender of the original patent, or, if that be lost, by an original patent. 
affidavit to that effect, and a certified copy of the patent ; 

but if a reissue be refused, the original patent will, upon 
request, be returned to the applicant. 

92. Matter shown and described in an unexpired patent, jf 8 ^ 1 ^ be 
and which might have been lawfully claimed therein, but claimed onl y on 

° ^ ' reissue. 

which was not claimed by reason of a defect or insufficiency 
in the specification, arising from inadvertence, accident, or 
mistake, and without fraud or deceptive intent, can not be 
subsequently claimed by the patentee in a separate patent, 
but only in a reissue of the original patent. 

INTERFERENCES. 

93. An interference is a proceeding instituted for the pur- 1887-92. 
pose of determining the question of priority of invention m?*' stat,,8eo " 
between two or more parties claiming substantially the same detlned. forenoe 
patentable invention. The fact that one of the parties has 

already obtained a patent will not prevent an interference, 
for, although the Commissioner has no power to cancel a 
patent, he may grant another patent for the same invention 
to a person who proves to be the prior inventor. 

94. Interferences will be declared in the following cases, 1887-93. 
when all the parties claim substantially the same patentable Whcn declared - 
invention: 

(1) Between two or more original applications contain- original appB- 
mg conflicting claims. cations. 



95-96 



28 



Original appli- 
cations and unex- 
pired patents. 



Original and 
reissue applica- 
tions. 



Original and 
reissue applica- 
tions. 



Reissue appli 
cations. 



Reissue appli- 
cations. 



Reissue appli- 
cation and unex- 
pired patent. 



Reissue appli- 
cation and unex- 
pired patent. 



1887—95. 
Preparation for 
interference. 



(2) Between an origiual application and au unexpired 
patent containing conflicting claims, when the ap- 
plicant, having been rejected on the patent, shall 
file an affidavit that he made the invention before 
the patentee's application was filed. 

(3^ Between an original application and an application 
for the reissue of a patent granted during the 
pendency of such original application. 

(4) Between an original application and a reissue ap- 
plication, when the original applicant shall file an 
affidavit showing that he made the invention before 
the patentee's original application was filed. 

(5) Between two or more applications for the reissue 
of patents granted on applications pending at the 
same time. 

(6) Between two or more applications for the reissue 

of patents granted on applications not pending at 
the same time, when the applicant for reissue of 
the later patent shall file an affidavit showing that 
he made the invention before the application was 
filed on which the earlier patent was granted. 

(7) Between a reissue application and an unexpired 
patent, if the original applications were pending 
at the same time, and the reissue applicant shall 
file an affidavit showiug that he made the inven- 
tion before the original application of the other 
patentee was filed. 

(8) Between an application for reissue of a later un- 

expired patent and au earlier unexpired patent 

granted before the original application of the later 

patent was filed, if the reissue applicant shall file 

an affidavit showing that he made the invention 

before the original application of the earlier patent 

was filed. 

95. Before the declaration of interference all preliminary 

questions must be settled by the primary examiner, and the 

issue must be clearly defined; the invention which is to 

form the subject of the controversy must be decided to be 

patentable, aud the claims of the respective parties mus! be 

put in such condition that they will not require alteration 



the testimony adduced upon the trial shall necessitate or 

justify such change. 
1887-96. 96. When, however, a party who is required to put his 

pweforlntorfcri application in a condition proper for an interference fails to 
ence ' do so within a reasonable time specified, the declaration of 



29 97-102 

interference will not be delayed. After final judgment of 
priority the application of such party will be held for re- 
vision and restriction, subject to interferences with other 
applications. (See Rule 94.) 

97. When an interference is found to exist and the appli- i 88 ?- 97 -*. , 

1 x Noticesofinter- 

cations are prepared therefor, the primary examiner will ference dratted 

x > r j and forwarded to 

forward to the examiner of interferences the files and draw- examiner of in- 
ings; notices of interference for all the parties (as specified 
in Eule 103) disclosing the name and residence of each 
party and that of his attorney, and, if any party be a 
patentee, the date and number of the patent; the ordinals 
of the conflicting claims and the invention claimed ; and 
the issue which shall be clearly and concisely defined, in so 
many counts or branches as may be necessary in order to 
include all interfering claims. The primary examiner shall 
also forward to the examiner of interferences for his use a 
statement disclosing the applications involved in interfer- 
ence, fully identified, and arranged in the inverse chrono- 
logical order of their filing as completed applications, and 
also disclosing the issue or issues and the ordinals of the con- 
flicting claims. 
Whenever it shall be found that two or more parties Conflietingpar- 

. . x ties having the 

whose interests are in conflict are represented by the same same counsel no- 
attorney, the examiner will notify each of said principal 
parties, and also the attorney, of this fact. 
98. Upon receipt of the notices of interference, the ex- 1887-98. 

„ . „ .,, , , , ' „ Revision of no- 

aminer of interferences will make an examination thereof, tices by examiner 
in order to ascertain whether the issue between the parties 
has been clearly defined, and whether they are otherwise 
correct. If he be of the opinion that the notices are am- 
biguous, or are defective in any material point, he will trans- 
mit his objections to the primary examiner, who will promptly 
notify the examiner of interferences of his decision to amend 
or not to amend them. 

Reference to 

aminer of interferences and the primary examiner, the points Commissioner. 
of difference shall be referred to the Commissioner for de- 
cision. 

100. The primary examiner will retain jurisdiction of the fc£SEE«j3g! 
case until the declaration of interference is made. diction. 

101. Upon the institution and declaration of the interfer- eS'Ji 
ence, as provided in Rule 102, the examiner of interferences terferences - 
will take jurisdiction of the same, which will then become 1887-103. 

. .,, . Primary exam- 

a contested case : but the primary exammer will determine iner to determine 

,, ,. ' . . „ , ,„,. ,, . . , , certain motions. 

the motions mentioned in Eule 122, as therein provided. 

102. When the notices of interference are in proper form institution and 

, . •, declaration ot in- 

the examiner ot interferences will add thereto a designation terference. 



103-107 30 

1887-101. of the time within which the preliminary statements re- 
4904! v ' Stat " sec- quired by Kule 110 must be filed, and will, pro forma, insti- 
tute and declare the interference by forwarding the notices 
to the several parties to the proceeding. 
1887-102. 103. The notices of interference will be forwarded by the 

Notices to par- . .' 

ties. examiner of interferences to all the parties, m care of their 

attorneys, if they have attorneys, and, if the application 
or patent in interference has been assigned, to the as- 
signees. When one of the parties has received a patent, a 
notice will be sent to the patentee and to his attorney of 
record. 

offic^GaLette 11 When the notices sent in the interest of a patent are re- 
turned to the office undelivered, or when one of the parties 
resides abroad, and his agent in the United States is un- 
known, additional notice may be given by publication in the 
Official Gazette for such period of time as the Commissioner 
may direct. 
i887-io9. 104. If either party require a postponement of the time 

Motion for post- . . 

poneraentof time for filing his preliminary statement, he will present his 
motion duly served on the other parties, with his reasons 
therefor, supported by affidavit, and such motion should 
be made, if possible, prior to the day previously fixed 
upon. But the examiner of interferences may, in his dis- 
cretion, dispense with service of notice of such motion. 
Certified copies 105. When an application is involved in an interference 

euce pVoc e ee e d-in which a part only of the invention is included iu the is- 

ing8 ' sue, the applicant may file certified copies of the part or 

parts of the specification, claims, and drawings which cover 
the interfering matter, and such copies may be used in the 
proceeding in place of the original application. 

100. When a part only of an application is involved in an 
interference, the applicant may withdraw from his applica- 
tion the subject-matter adjudged not to interfere, and file 
1887—iM. a new application therefor, or he may file a divisional ap- 

tion eV for a claims plication for the subject-matter involved, if the invention 
ler "can be legitimately divided : Provided, That no claim shall 
be made in either application broad enough to include matter 
claimed in the other. 

107. An applicant involved in an interference may, with 
! the written consent of the assignee, when there has been an 
assignment, before the date fixed for the filing of his prelim- 
inary statement (see Rule 110), in order to avoid the continu- 
ance of the interference, disclaim under his own signature, 
attested by two witnesses, the invention of the particular 
matter in issue, and upon such disclaimer and the cancella- 
tion of any claims involving such interfering matter judg- 
ment shall be rendered against him, and a copy of the 



ence. 



1887-104. 

Disclaimer t< 
avoid inU'rfei 
ence. 



Signature to. 



I 



31 108-110 

disclaimer shall be embodied in and form part of bis speci- 
fication. (See Rule 196.) But if tbe interference sball 
bave been declared between an application having a generic 
claim and one having a subordinate specific claim, tbe ap- 
plicant making tbe specific claim may disclaim tbe matter 
in issue, as hereinbefore provided, without canceling his 
claim. The files and records shall then be returned by tbe 
examiner of interferences to the primary examiner. If tbe 
primary examiner shall find that the interfering claims 
stand so related to each other (as generic and specific, re- 
spectively), and that the disclaimer filed is suitable to the 
case, he shall dissolve the interference ; otherwise not. His 
decision shall be subject to appeal as in other cases of dis- 
solution. (Rule 122.) 

108. When applications are declared to be in interference, 1887-126. 
the interfering parties will be permitted to see or obtain ciaims e of l oppo8- 
copies of each other's file- wrappers, and so much of their 1Dg parties ' 
contents as relate to the interference, after the preliminary 
statements referred to in Rule 110 have been received and 
approved ; but information of an application will not be 
furnished by the office to an opposing party, except as pro- 
vided in Rules 97 and 103, until after the approval of such 
statement. 

109. When an application is involved iu an interference in 1887-94. 
part and shows and describes, without claiming, a patentable shown but not 
invention claimed by another party thereto, the applicant cation. m app '" 
may, at any time within twenty days after the preliminary 
statements (referred to in Rule HO) of the parties have been 
received and approved, on motion duly made, as provided 

in Rule 153, file an amendment of his application duly claim- 
ing such invention, and on tbe admission of such amend- 
ment the invention shall be iucluded in the interference. 
Such motion must be accompanied by the proposed amend- 
ment, aud when in proper form will be transmitted by the 
examiner of interferences to the primary examiner for his 
determination. In case the amendment shall be admitted, 
the primary examiner will redeclare the interference, pre- 
pare new notices, and forward the papers and files to the 
examiner of interferences, who will proceed in accordance 
with Rule 103. The decision of tbe primary examiner will 
be binding upon tbe examiner of interferences, unless re- 
versed or modified on appeal, as provided in Rule 124. 

110. Each party to the interference will be required to file i 887 -r? 05 .- 

^ J x Prelum nary 

a concise preliminary statement, under oath, on or before a statements. 
date to be fixed by tbe office, showing the following facts: 

(1) The date of original conception of the invention sot Requirements 
forth in the declaration of interference. 



in 32 

(2) The date upon which a drawing of the invention was 

made. 

(3) The date upon which a model of the invention was 

made. 

(4) The date upon which the invention was first dis- 

closed to others. 

(5) The date of the reduction to practice of the inven- 

tion. 

(6) A statement showing the extent of use of the in- 

vention. 

If a drawing or model has not been made, or if the inven- 
tion has not been reduced to practice or disclosed to others 
or used to any extent, the statement must specifically dis- 
close these facts. 

When the invention was made abroad the statement 
should set forth : 

(1) That applicant made the invention set forth in the 

declaration of interference. 

(2) Whether or not the invention was ever patented; if 

so, when and where, giving the date aud number 
of each patent. 

(3) Whether or not the invention was ever described in 

a printed publication; if so, when and where, giv- 
ing the title, place, and date of such publication. 

(4) Whether or not the invention was ever introduced 
into this country; if so, giving the circumstances, 
with the dates connected therewith, which are re- 
lied upon to establish the fact. 

The preliminary statements should be carefully prepared, 
as the parties will be strictly held in their proofs to the dates 
set up therein. 

sealed up. Tne statement must be sealed up before filing (to be 

opened only by the examiner of interferences, see Rule 111), 
and the name of the party filing it, the title of the case, and 
the subject of the invention indicated on the envelope. 
The envelope should coutaiu nothiug but this statement. 
(For forms see 35, Appendix.) 

i88v-io5. HI* The preliminary statements shall not be opened to 

ection d t0 in ' the inspection of the opposing parties until each one shall 
have been filed, or the time for such filing, with any exten- 
sion thereof, shall have expired, and not then unless they 
have been examined by the proper officer and found to be 
satisfactory. 

in default. Auy party in default iu filing his preliminary statement 

shall not have access to the preliminary statement or state- 
ments of his opponent or opponents until he has either filed 



33 112-117 

his statement or waived his right thereto, and agreed to 
stand upon his record date. 

112. If, on examination, a statement is found to be de- i 887 r 106 ; + 

t f JN OUC6 lO 

fective in any particular, the party shall be notified of the amend - 
defect and wherein it consists, and a time assigned within 
which he must cure the same by an amended statement ; 
but in no case will the original or amended statement be re- 
turned to the party after it has been filed. If a party shall 
refuse to file an amended statement, he will be restricted to 
his record date in the further proceedings in the interfer- 
ence. 

113. In case of material error arising through inadvert- 1887— uo. 
ence or mistake, the statement may be corrected on motion amend. 10 
(see Rule 153), upon showing to the satisfaction of the Com- 
missioner that the correction is essential to the ends of jus- 
tice. The motion to correct the statement must be made, 

if possible, before the taking of any testimony, and as soon 
as practicable after the discovery of the error. 

114. If the junior party to an interference, or if any party j?^~ 107 t fil 
thereto other than the senior party, fail to file a statement, preliminary 

. „ , . ,. ., , statement. 

or if his statement fail to overcome the prima facie case Failure to over- 
made by the respective dates of application, judgment °°wm«/« C ie 
against such party may be rendered upon the record, and 
the interference will proceed between the remaining par- 
ties. Within the period fixed as a limit of appeal from such 
judgment, said party may bring any of the motions per- 
mitted by the rules, provided he has not waived his right 
of appeal. The filing of such a motion, noticed for hearing 
within the limit of appeal, will operate to stay the running 
of the time so limited until the final determination of the 
motion. 

115. If a party to an interference fail to file a statement, ^"^ me 
testimony will not be received subsequently from him to *f^™ 8 e tg n ^ x ' 
prove that he made the invention at a date prior to his inventionprim-to 

1 application dale. 

application. 
110. In original proceedings in cases of interference the i8S7-iu. 

, , . . , . , Presumption as 

several parties will be presumed to have made the inven- to order of inven- 
tion in the chronological order in which they filed their com- 10n ' 
pleted applications for patents clearly illustrating and de- 
scribing the invention; and the burden of proof will rest 
upon the party who shall seek to establish a different state 
of facts. 

117. The preliminary statement can in no case be used stfxt^A?t,'t not 
as evidence in behalf of the party making it. evidence. 

58GG K P 3 



118-123 34 

ij.87— 112. 118. Times will be assigned in which the junior applicant 

testimony. 1D shall complete his testimony in chief, and in which the other 
party shall complete the testimony on his side, and a fur- 
ther time in which the junior applicant may take rebutting 
testimony; but he shall take no other testimony. If there 
be more thau two parties to the interference, the times for 
taking testimony will be so arranged that each shall have 
an opportunity to prove his case against prior applicants 
and to rebut their evidence, and also to meet the evidence 
of junior applicants. 

1887—113. 119. Whenever the time for taking the testimony of a 

Failure to take . ° 

testimony. party to an interference shall have expired, and no testi- 
mony shall have been taken by such party, an}* senior party 
may, by motion based on a showing properly verified and 
served on such party in default, have an order entering 
judgment against such defaulting party, unless the latter 
shall, at a day set, and not less than ten days after the hear- 
ing of the motion, show good and sufficient cause why the 
judgment shall not be entered. 
1887—H4. 120. If either party desire to have the hearing continued, 

Postponement, ... .. . , . ' 

of hearing. he will make application for such postponement by motion 
(see Rule 153), and will show sufficient reason therefor by 
affidavit. 
EXVgem'entof *21. ^ either party desire an extension of the time as- 
teTt^mo ny takingsl ^ ne( ^ *° ^ m - ?or taking testimony, he will make applica- 
tion therefor, as provided in Rule 154 (5). 
1887-H6. 122. Motious to dissolve an interference upon the ground 

Motion to dis- ' ° 

solve for irregu- that no interference in fact exists, or that there has been 

laritv, non-pat- . . 

entabiuty, etc. such irregularity in declaring the same as will preclude a 
proper determination of the question of priority, or which 
deny the patentability of an applicant's claim, or his right 
to make the claim, should, if possible, be made not later 
than the twentieth day after the statements of the parties 
have been received and approved. Such motious, when in 
proper form, will be transmitted by the examiner of inter- 
ferences, with the files and papers, to the proper primary 
examiner for his determination. 

When the motion has been decided by the primary ex- 
aminer, if no appeal has been taken therefrom, at the expi- 
ration of the time limited for appeal, the examiner will 
return the files and papers, with his decision, to the exam- 
iner of interferences. Such decision will be binding on the 
examiner of interferences unless reversed or modified on 
appeal. (Rule 121.) 
Motions to ef- 1-3. All lawful motions, except those mentioned in Bale 

ceedingJ. 0< pr °' 122, will be made before and determined by the tribunal 



, 



35 124-12* 

having jurisdiction at the time. The filing of motions will 
not operate as a stay of proceedings in any case. To effect 
this, motion should be made before the tribunal having ju- 
risdiction of the interference, who will, sufficient grounds 
appearing therefor, order a suspension of the interference 
pending the determination of such motion. 

124. Appeal may be taken directly to the Commissioner i887— ire. 
from decisions of the primary examiner on all motions ex miss^oner. ° ° ra " 
ceptthe following : (1) On motions to dissolve which deny 

the patentability of applicant's claim ; (2) on motionsto dis- 
solve which deny the right of an applicant to make the 
claim; (3) on motions involving the merits of the invention. 
Decisions on these motions, when appealable, go to the. n 1 J\ e ° f P mine!S - 
examiners-in-chief, and upon such appeals the party only 
whose claim is affected shall have the right to appear and 
be heard. 

From a decision of the primary examiner affirming the 
patentability of the claim or the applicant's right to make 
the same no appeal can be taken. 

125. After the interference is finally declared, it will not, ^ 8 7— 119. 

v ' ' Determination* 

except as herein otherwise provided, be determined with- 
out judgment of priority founded ei.her upon the testimony, 
or upon a written concession of priority by one of the par- concession of 
ties, signed by the inventor himself, (and by the assignee, if pnority - 
any,) or upon a written declaration of abandonment of the 
application, as provided by Rule 171. 

126. The examiner of interferences or the examiners-in- i887— 120. 
chief may, either before or in their decision on the question suggested 7 
of priority, direct the attention of the Commissioner to any 
matter not relating to priority which may have come to their 
notice, and which, in their opinion, establishes the fact that 

no interference exists, or that there has been irregularity in 
declaring the same (Rule 122), or which amounts to a statu- 
tory bar to the grant of a patent to either of the parties for 
the claim or claims in interference. The Commissioner may, _ . x . . 

^ ' How determined. 

before judgment on the question of priority, suspend the in- 
terference and remand the case to the primary examiner for 
his consideration of the matters to which attention has been 
directed. From the decision of the examiner appeal may 
be taken as in other cases. If the case shall not be so re- 
manded, the primary examiner will, after judgment, consider 
any matter affecting the rights of either party to a patent 
which may have been called to his attention, unless the 
same shall have been previously disposed of by the Com- 
missioner. 

127. A second interference will not be declared upon a 188--121. 
new application for the same invention filed by either party, ference" 1 mt * r 



128-133 36 

•ul raent " ° f ^ ^ ec ^ ou w '^ not be set aside after judgment, except in 
accordance with the principles governing the granting of 
new trials. 
1887-122. 128. If at any time during the pendency of an interfer- 

Suspension of . . rf , ,, ,. . 

interference foreuce the primary examiner shall discover new or additional 

consideration of ./...-. t> 

new references, references, he may request a suspension of the interference 
proceeding until the pertinency of such references shall be 
determined. Upon such determination baing made, the 
files and papers will be returned to the examiner of interfer- 
ences, and tbe interference dissolved or reinstated in ac- 
cordance with such decision. The consideration of sueh 
references shall be ex "parte. 
Fo 8 r7dluionof l2i) ' If tlurin g tae pendency of an interference an appli- 

new parties. cation be filed for the subject-matter in issue, the primary 
examiner shall request the suspension of the interference 
for the purpose of adding the new application ; but new par- 
ties will not be added after the taking of testimony without 
the special order of the Commissioner, whose attention shall 
be promptly called to the matter by the examiner. 
1887-124. 130. Amendments to the specification will not be received 

pending i^terfer 8 during the pendency of an interference, except as provided 
in Rules 106, 107, 109. 
1887-127. 131. When, on motion duly made and upon satisfactory 

defe r nsr u by OI1 a s r proof, it shall be shown that, by reason of the inability or 

«gnee. refusal of the inventor to prosecute or defend an interfer- 

ence, or from other cause, the ends of justice require that 
an assignee of an undivided interest in the invention should 
be permitted to prosecute or defend the same, the Commis- 
sioner may so order, 
claims of de- 132. Whenever an award of priority has been rendered 

eate parties. j Q au interference proceeding by any tribuual, and the limit 
of appeal from such decision has expired, and whenever an 
interference has been terminated by reason of the written 
concession, signed by the applicant in person, of priority of 
invention in favor of his opponent or opponents, the pi imarj r 
examiner shall advise the defeated or unsuccessful party or 
parties to the interference that their claim or claims which 
were so involved in the issue stand finally rejected. 

APPEALS. 

Re J v~s 1 c 2 a 8 t.,sec. 133 - Every applicant for a patent, any of the claims of 
49 A P peai to ex- w h° se application have been twice rejected for the same 
atuiners-in-chief. r easons, upon grounds involving the merits of the inven- 
tion, sueh as lack of invention, novelty, or utility, or on the 
ground of abandonment, public use or sale, inoperative- 



37 134-139 

ness of invention, aggregation of elements, incomplete com- 
bination of elements, or, when amended, for want of iden- 
tity with the invention originally disclosed, or because the 
amendment involves a departure from the invention orig- 
inally presented ; and every applicant for the reissue of a 
patent, whose claims have been twice rejected forany of the 
reasons above enumerated, or on the ground that the original 
patent is not "inoperative or invalid," or if so inoperative or 
invalid that the errors which rendered it so did not arise from 
" inadvertence, accident, or mistake," may, upon payment of 
a fee of $10, appeal from the decision of the primary exam- 
iner to the examiners- in-chief. The appeal must set forth in 
writing the points of the decision upon which it is taken, 
and must be sigued by the applicant or his duly authorized 
attorney or agent. 

134. There must have been two rejections of the claims i887— 129. 
as originally filed, or, if amended in matter of substance, of Preretim81 es - 
the amended claims, and all the claims must have been 

passed upon, and all preliminary and intermediate questions 
relating to matters not affecting the merits of the invention 
settled, before the case can be appealed to the examiners- 
in-chief. 

135. Upon the filing of the appeal the same shall be sub- 1887— 130. 
mitted to the primary examiner, who, if he find it to be statement 'of 
regular in form, shall furnish the examiners-in-chief with a Sn ds ° f de 
written statement of the grounds of his decision on all the 

points involved in the appeal, with copies of the rejected 
claims, and with the references applicable thereto. If the 
primary examiner shall decide that the appeal is not regular 
in form, a petition from such decision may be taken directly 
to the Commissioner, as provided in Eule 145. 

136. The appellant shall, before the day of hearing, file a is87— 131. 
brief of the authorities and arguments on which he will rely be B fiie£ when t0 
to maintain his appeal. 

137. If the appellant desire to be heard orally before the 1887-132. 
examiners in-chief, he will so indicate wheu he files his ap- b et o're examin^ 
peal; a day of hearing will then be fixed, and due notice f er8in " cllief - 
the same given him. 

138. In contested cases the appellaut shall have the right 18S7-133. 

to make the opening and closing arguments, unless it shall (JaflJ^eJ ° pen 
be otherwise ordered by the tribunal having jurisdiction of 
the case. 

139. (a) The examiuers-in-chief in their decision will 1887-134. 

x .... . Decisiou of ex- 

affirm or reverse the decision ot the primary examiner only amines in -chief. 

on the points on which appeal shall have been taken. (See 482.° " 



140-143 38 

»?ouEd8 01 f o°r iiule l33 -) Should they discover any apparent grounds not 
fiisrn inS aten r tnot" lvC) ^ ve( ^ * n tne a PP ea l f° r granting or refusing letters pat- 
iu e Ii lved in ap en ^ * n * De ^ orm c l a i met ^ or i u anv other form, they will annex 
to their decision a statement to that effect, with such recom- 
mendation as they shall deem proper. 
rtn P ar ea e x f aX @) From an adverse judgment of the primary examiner 
iner - on points embraced in the recommendation annexed to the 

decision, appeal maybe taken on questious involving tbe 
merits to the board of examiners in-chief and on other ques- 
tions to the Commissioner, as iu otber cases. 
Amendment re- ( c ) The Commissioner mav, when an appeal from the 

ferred to primary v ' *• ' ' l 

examiner. decision of the examiners in-chief is taken to him, remand 

the case to the primary examiner, either before or after final 
judgment, for consideration of any amendment or action 
which maybe based on the recommendatiou annexed to tbe 
decision of the examiuers-iu-chief. 
bated on diacov 1 (^) If the Commissioner, in reviewing the decision of 
ery of Commis- the examiners-iu chief, discovers anv apparent grounds for 

sioner referred to " fl ° 

primary exam- granting or refusing letters patent not involved in the ap- 
peal, he will, before or after final judgment, and whenever iu 
his opinion substantial justice shall require it, give reason- 
able notice thereof to the parties ; and if any amendment 
or action based thereon be proposed, he will remand the 
case to the primary examiner for consideration. 
Appeals. ( e ) From decisions of the primary examiner, in cases re- 

manded as herein provided, appeal will lie to the board of 
examiners-in-chief, or directly to the Commissioner, as iu 
other cases. 
1887—136. 140. From the adverse decision of the board of examiuers- 

49w ev " Stat " 8ec 'i ll - c hief appeal may be taken to the Commissioner in per 
e x V amfner f 8 ( in. son i u P on payment of the fee of $20 required by law. 

chief to Cominis- 

si( i887-i35. 141. If affidavits be received after the case has been ap- 

ma\ided ica for n re- P ea ^ e( I> the application will be remanded to the primary ex- 
consideration on am i ner f or reconsideration. 

affidavits filed. 

1887-137. 142. Cases which have been heard and decided by the 

Kehearings. Commissioner on appeal will not be re opened except by his 
order; cases which have been decided by the examiners-ID 
chief will not be reheard by them, when no longer pendiug 
before them, without the written authority of the Commis- 
sioner; and cases which have been decided by either the 
Commissioner or the examiners-in-chief will not be reopened 
by the primary examiner without like authority, and then 
only for the consideration of matters not already adjudi- 
cated upon, sufficient cause being shown. (See Rule G8.) 
1887-138. 143. Contested cases will be regarded as pending before 

jurisdiction. a tribunal until the limit of appeal, which must be fixed. 



39 144-118 

has expired, or until some action has been had which waives 
the appeal or carries into effect the decision from which ap- 
peal might have been taken. 

Ex parte cases decided by an appellate tribunal will, after 
decision, be remanded at once to the primary examiner, sub- 
ject to the applicant's right of appeal, or such action as will 
carry into effect the decision, or for such further action as 
the applicant is entitled to demand. 

144. Cases which have been deliberately decided by one i 887 - 139 -^ 

... ^ •> Reconsidera- 

Commissioner will not be reconsidered by his successor ex- ^ of cases de- 

. . ^ cided by former 

cept in accordance with the principles which govern the commissioner. 
granting of new trials. 

145. Upon receiving a petition stating concisely and p 887 ^] 4 ^ io 
clearly any i>roper question, which has been twice acted Commissioner, 
upon by the examiner, and whicfcudoes not involve the mer- 
its of the invention claimed, or the rejection of a claim, and 

also statiug the facts involved and the point or points to be 
reviewed, an order will be made fixing a time for hearing 
such petition by the Commissioner, and directing the ex- 
aminer to furnish a written statement of the grounds of his 
decision upon the matters averred in such petition at least Report of ex- 
five days before such day of hearing. No fee is required am 
for such a petition. 

146. In interference cases parties have the same remedy 1887-141. 

Hev Stat sees. 

by appeal to the examiners-in-chief and to the Commissioner 4904, iW'^ioi 
as in ex parte cases ; but no appeal lies in such cases from Rev.st.at.,secs. 

4911 4915 

the decision of the Commissioner. Defeated contestants in 
interferences may, however, have remedy by bill in equity. 

147. Appeals in interference cases must be accompanied 1887—142.. . 

Appeals in m- 

bv brief statements of the reasons therefor: and parties terference cases. 

x Reasons of ap- 

will be required to file briefs of their arguments before thepeai. 
day of hearing. 
Printed briefs are required in all cases. Printed briefs. 

148. From the adverse decision of the Commissioner upon 1887-143. 

x Rev. Stat., sec. 

the claims of an application an appeal may be taken to the 4911. 

,... , Appeal to sn- 

supreme court of the District of Columbia sitting in ocwicpreme com t of 
On taking such appeal, the applicant is required, uuderiumbia 
the rules of the court, to pay to the clerk of the court a 
docket-fee of $10, and he is also required by law to lay 
before the court certified copies of all the original papers 
and evidence in the case. The petition should be filed and 
the fee paid at least ten days before the commencement 
of the term of court at which the appeal is to be heard. 

149. Immediately upon taking an appeal the appellant isst— \u. 
must give notice thereof to the Commissioner of Paten ts H9 J2 ev ' stat " seo " 
and file in the Patent Office his reasons of appeal specifically ap y™ku? t ! ing8by 
set forth in writing. 



150-153 40 

1887—145. 150. Pro forma proceedings will not be had in the Patent 

cee<UnKs'ia a Pat- Office for the purpose of securing to applicants an appeal 
to the supreme court of the District of Columbia. 

(For forms of appeals and rules of the supreme court of 
the District of Columbia respecting appeals, see Appendix, 
Forms 34, 3G.) 

HEARINGS AND INTERVIEWS. 

1887-146. i5i. Hearings will be had by the Commissioner at 10 

Hour oi bear- ° J 

ing. o'clock a. m., and by the board of examiners-iu-chief and 

the examiner of interferences at 1 o'clock p. m., on the day 
appointed, unless some other hour be specially designated. 
If either party in a contested case, or the appellant in an 
ex parte case, appear at the proper time, he will be heard. 
After the day of hearing a contested case will not be taken 
up for oral argument except by consent of all parties. If 
the engagements of the tribuual having jurisdiction are 
such as to prevent the case from being taken up on the day 
of hearing, a new assignment will be made, or the case will 
be continued from day to day until heard. Unless it shall 
be otherwise ordered before the hearing begins, oral argu- 
ments will be limited to one hour for each party. After a 
contested case has been argued, nothiug further relating 
thereto will be heard unless upon request of the tribunal 
having jurisdiction of the case; and all interviews for this 
purpose with parties in interest or their attorneys will be 
invariably denied. 
1887-147. 152. Interviews with examiners concerning applications 

examiners. and other matters pending before the office must be had in 
the examiners' rooms at such times, within office hours, as 
the respective examiners may designate ; iu the absence 
of the primary examiners, with the assistant in charge 
Interviews will not be permitted at any other time or place 
without the written authority of the Commissioner. Inter- 
1887—148. views for the discussion of pending applications will not be 
had prior to the first official action thereon. 

MOTIONS. 

Notice 149 ' 1^' * u co,lte sted cases reasonable notice of all motions, 

and copies of motion-papers and affidavits, must be served, 
ic ^ roofof serv as provided in Rule 154 (2) . Proof of such service must 

be made before the motion will be entertained by the office. 

Motions will not be heard iu the absence of either party 
Jurisdiction, except upon default after due notice. Motions will be heard 

in the first instance by the officer or tribuual before whom 



41 154 

the particular case may be pending 5 but an appeal from the 

decision rendered may be taken on questions involving the 

merits of the case to the board of examiuers-in-chief 5 on 

other questions, directly to the Commissioner. In original an d ! ck)se t0 open 

hearings, on motions, the moving parties shall have the 

right to make the opening and closing arguments. In con- j,^^**^^ 

tested cases the practice on points to which the rules shall rules do not ap. 

not be applicable will conform, as nearly as possible, to that 

of the United States courts in equity proceedings. 

TESTIMONY IN EXTENSIONS, INTERFERENCES, AND 
OTHER CONTESTED CASES. 

154. The following rules have been established for taking i 887 - 15 °- 

° Rev. Stat., sec. 

and transmitting testimony in extensions, interferences, and 4905. 
other contested cases : 

(1) Before the depositions of witnesses are taken by Notice. 

either party due notice shall be given to the oppos- 
ing party, as hereinafter provided, of the time 
when and place where the depositions will be taken, 
of the cause or matter in which they are to be 
used, and of the names and residences of the wit- 
nesses to be examined, and the opposing party 
shall have full opportunity, either in person or by 
attorney, to cross-examine the witnesses. If the 
opposing party shall attend the examination of 
witnesses not named in the notice, and shall either 
cross-examine such witnesses or fail to object to 
their examination, he shall be deemed to have 
waived his right to object to such examination for 
want of notice. Neither party shall take testimony 
in more than one place at the same time, nor so 
nearly at the same time that reasonable oppor- Reasonable 
tunity for travel from one place of examination to 
the other can not be had. 

(2) The notice for taking testimony or for motions must service of no- 

be served (unless otherwise stipulated in an in- 
strument in writing filed in the case) upon the at- 
torney of record, if there be one, or, if there be no 
attorney of record, upon the adverse party. Sea- 
sonable time must be given therein for such adverse 
party to reach the place of examination. Service 
of such notice may be made in either of the following 
ways: (1) By delivering a copy of the notice to the 
adverse party or his attorney; (2) by leaving a copy 
at the usual place of business of the adverse party 



»34 



42 



Official certifi- 
cate. 



Depositions to 
be sealed up, ad- 
dressed, and for- 
warded to Com- 
missioner. 



Ex parte proofs 
in extension 
cases. 



or his attorney with some one in his employment; 
(3) when such adverse party or his attorney has no 
usual place of business, by leaving a copy at his 
residence, with a member of his family over four- 
teen years of age and of discretion ; (4) transmis- 
sion by registered letter; (5) by express. When- 
ever it shall be satisfactorily shown to the Commis- 
sioner that neither of the above modes of obtaining 
or reserving notice is practicable, the notice may 
be published in the Official Gazette. Such notice 
shall, with sworn proof of the fact, time, and mode 
of service thereof, be attached to the deposition or 
depositions, whether the opposing party shall have 
cross-examined or not. 

(3) Each witness before testifying shall be duly sworn 

according to law by the officer before whom his 
deposition shall be taken. The deposition shall be 
carefully read over by the witness, or by the officer 
to him, and shall then be subscribed by the wit- 
ness in the presence of the officer. The officer 
shall annex to the deposition his certificate show- 
ing (1) the due administration of the oath by the 
officer to the witness before the commencement of his 
testimony ; (2) the name of the person by whom 
the testimony was written out, and the fact that, 
if not written by the officer, it was written in his 
presence ; (3) the presence or absence of the ad- 
verse party; (4) the place, day, and hour of com- 
mencing and taking the deposition; and (5) the 
fact that the officer was uot couuected by blood 
or marriage with either of the parties, nor inter- 
ested, directly or indirectly, iu the matter in con- 
troversy. The officer shall sign the certificate 
and affix thereto his seal of office, if he have such 
seal. He shall then, without delay, securely seal 
up all the evidence, notices, and paper exhibits, 
inscribe upon the envelope a certificate, giving the 
title of the case, the name of each witness, and the 
date of sealing, address the package, and forward 
the same to the Commissioner of Patents. If the 
weight or bulk of an exhibit shall exclude it from 
the envelope, it shall be authenticated by the officer 
and transmitted in a separate package, marked 
and addressed as .above provided. 

(4) In cases of extension, when no opposition shall be 

made, ex parte testimony will be received from the 



43 155-156 

applicant ; and such testimony as may have been 
taken by the applicant prior to notice of opposition 
will be received, unless taken within thirty days 
after filing the petition for the extension. But 
upon receiving notice of opposition the applicant 
shall immediately give notice to the opposing party 
or parties of the names and residences of the wit- 
nesses whose testimony shall have been thus 
taken. 

(5) If a party shall be unable to take any testimony te ^° t ^efo°tak- 

within the time limited and desires an extension ^s testimony. 
for such purpose he must file a motion, accompanied 
by a statement under oath setting forth specific- 
ally the reasons why such testimony has not been 
taken, and distinctly averring that such motion is 
made in good faith, and not for the purposes of 
delay. If either party shall be unable to procure 
the testimony of a witness or witnesses within the 
time limited, and desires an extension for such pur- 
pose, he must file a motion, accompanied by a state- 
ment under oath setting forth the cause of such 
inability, the name or names of such witness or 
witnesses, the facts expected to be proved by such 
witness or witnesses, the steps which have been 
taken to procure such testimony, and the dates on 
which efforts have been made to procure it. (See 
Rule 153.) 

(6) When a party relies upon a caveat to establish the caveat as evi- 

date of his invention, the caveat itself, or a certi- e Rev. stat.sec. 
fied copy thereof, must be filed in evidence, with 892 ' 
due notice to the opposite party. 

(7) Upon notice given to the opposite party before the official records 

closing of the testimony, any official record, and ter offered i^vi- 
any special matter contained in a printed publica- 
tion, if competent evidence and pertinent to the 
issue, may be used as evidence at the hearing. 

155. The pages of each deposition must be numbered con- isst-isi. 
secutively, and the name of the witness plainly and con- 
spicuously written at the top of each page. The testimony 
must be written upon legal-cap or foolscap paper, with a 
wide margin on the left-hand side of the page, and with 
the writing on one side only of the sheet. 

156. The testimony will be taken in answer to interrog- 
atories, with the questions and answers committed to writ- 
ing in their regular order by the officer, or, in his presence, 
by some person not interested in the case, either as a party 



Formalities. 



157-158 



44 



Testimony ta- 
ken in one inter- 
ference may bo 
used in another. 



1887—153. 

Kev. Stat., sec. 
49U5. 

Testimony 
taken in foreign 
countries. 

Motion. 



Interrogate 
ries. 

Cross-iuterrog' 
atories. 



Objections. 



thereto or as attorney, 
the parties, the depositions may be written out by other 
persons in the presence of the officer. No officer who is 
connected by blood or marriage with either of the parties, 
or interested, directly or indirectly, in the matter in contro- 
versy, either as counsel, attorney, agent, or otherwise, is 
competent to take depositions, unless with the written con- 
sent of all the parties. 

157. By leave of the Commissioner, first obtained, testi- 
mony taken in an interference proceeding may be used in 
any other or subsequent interference proceeding, so far as 
relevant and material, subject, however, to the right of any 
contesting party to recall witnesses whose depositions have 
been taken, and to take other testimony in rebuttal of the 
depositions. 

158. By leave of the Commissioner, first obtained, testi- 
mony may be taken in foreign countries, upon complyiug 
with the following requirements : 

(1) Such permission will be granted only upon motion 
duly made. (See Rule 153.) The motion must 
designate a place for the examination of the wit- 
nesses at which an officer duly qualified to take 
testimony under the laws of the United States in 
a foreign country shall reside, and it must be ac- 
companied by a statement under oath that the 
motion is made in good faith, and not for purposes 
of delay or of vexing or harassing any party to 
the case ; it must also set forth the names of the 
witnesses, the particular facts to which it is ex- 
pected each will testify, and the grounds on which 
is based the belief that each will so testify. 

(2) It must appear that the testimouy desired is ma- 

terial and competent, and that it can not be taken 
in this country at all, or can not be taken here 
without hardship and injury to the moving party 
greatly exceediug that to which the opposite party 
will be exposed by the taking of such testimony 
abroad. 

(3) Upon the granting of such motion, a time will be 

set within which the moving party shall file in da- 
plicate the interrogatories to be propounded to 
each witness, and serve a copy of the same upon 
each adverse party, who may, within a designated 
time, file, in duplicate, cross interrogatories. Ob- 
jections to any of the interrogatories or cross- 
interrogatories may be filed at any time before the 



45 159-160 

depositions are taken, and such objections will be 
considered and determined upon the hearing of 
the case. 

(4) As soon as the interrogatories and cross-interroga- Papers sent to 

v ' ° ° proper officer. 

tories are decided to be in proper form, the Com- 
missioner will cause them to be forwarded to the 
proper officer, with the request that, upon pay- 
ment of, or satisfactory security for, his official 
fees, he notify the witnesses named to appear be- 
fore him within a designated time and make 
answer thereto under oath; and that he reduce 
their answers to writing, and transmit the same, 
under his official seal and signature, to the Com- 
missioner of Patents, with the certificate prescribed 
in Eule 154 (3). 

(5) By stipulation of the parties the requirements of stipulations. 

paragraph 3 as to written interrogatories and cross- 
interrogatories may be dispensed with, and the 
testimony may be taken before the proper officer 
upon oral interrogatories by the parties or their 
agents. 

(6) Unless false swearing in the giving of such testi- ti weighty of^tes- 

mony before the officer taking tt shall be punish- foreign coun- 
able as perjury under the laws of the foreign state 
where it shall be taken, it will not stand on the same 
footing in the Patent Office as testimony duly 
taken in the United States j but its weight in each 
case will be determined by the tribunal having 
jurisdiction of such case. 
159. Evidence touching the matter at issue will not be 1 887-154. 
considered on the hearing which shall not have been taken hearing. 
and filed in compliance with these rules. But notice will 
not be taken of mereiv formal or technical objections which Formal objec- 

.. tions to evidence. 

shall not appear to have wrought a substantial injury to 
the party raising them ; and in case of such injury it must be 
made to appear that, as soon as the party became aware of 
the ground of objection, he gave notice thereof to the office, 
and also to the opposite party, informing him at the same 
time that, unless it should be removed, he (the objector) 
should urge his objection at the hearing. This rule is not de ^ es of evi- 
to be so construed as to modify established rules of evi- 
dence, which will be applied strictly in all practice before 
the office. 

1G0. The law requires the clerks of the various courts of RevTstak.aec. 
the United States to issue subpoenas to secure the attend- 49 subpoeuas. 



auce of witnesses whose depositions are desired as evidence 
in contested cases in the Patent Office. 
1887-156. 161. After testimony is filed in the office it may be inspected 

inspection, ^y an y party to the case, but it can not be withdrawn for the 
Printing. purpose of printing. It may be printed by some one spe- 
cially designated by the office for that purpose, under proper 
restrictions. 
1887-157. 162. Six or more printed copies of the testimony must be 

tiuiony 68 ° es furnished — five for the use of the office and one for each of 
the opposing parties. The preliminary statement required 
by Rule 110 must be printed as a part of the record. These 
copies must be filed not less than one week before the day 
of hearing. They will have wide margins, with the names 
of the witnesses at the top of the pages over their testimony, 
and will contain indexes with the names of all witnesses and 
reference to the pages where their testimony may be found, 
and also to the pages where copies of papers and documents 
introduced as exhibits are shown. 

When it shall appear, on motion duly made and by satis- 
factory proof, that a party, by reason of poverty, is unable 
Printing dis- to print his testimony, such printing will be dispensed with. 
pense wit . j u sucu case manuscript copies inust be furnished — oue for 
the office and oue for each adverse party. Printing of the 
testimony can not be dispensed with upon the stipulation 
of the parties to the proceeding. 
1887—158. 1G3. It is desirable that arguments and briefs in all con- 

ind'argliraents. 8 tested cases shall be submitted in printed form and filed 
before the hearing. If either party fail to comply with this 
regulation, no extension of time will be granted for the pur- 
pose, except upon consent of the adverse parties. 

ISSUE. 



Notice of al- 
lowance, is justly entitled to a patent under the law, a notice of allow- 
ance will be sent him or his attorney, calling for the pay- 
4885, 4893, 4807.' meiit of the final fee within six mouths from the date of 
such notice of allowance, upon the receipt of which within 
the time fixed bylaw the patent will be prepared for issue. 
(See Pules 221, 222.) 
withdrawal 165. After notice of the allowance of an application is 

from issue. ■ ■ 

given, the case will not be withdrawn from issue except by 
approval of the Commissioner, and if withdrawn for further 

1887 160 

New notice, action on the part of the office a new notice of allowance 
will be given. When the final fee has been paid upon an 
application for letters patent, and the case has received its 



47 166-169 

date and number, it will not be withdrawn or suspended 
from issue ou account of any mistake or change of purpose 
of the applicant or his attorney, nor for the purpose of en- 
abling the inventor to procure a foreign patent, nor for any 
other reason except mistake on the part of the office, or be- 
cause of fraud, or illegality in the application, or for inter- 
ference. (See Rule 78.) 

166. Whenever the Commissioner shall direct the with- , withdrawal 

from issue will 

drawal of an application from issue on request of an appli- °° nm ^ ay aban " 
cant, for reasons not prohibited by Rule 165, such with- 
drawal shall not operate to stay the period of two years 
running against the application, which shall begin to attach 
from the date of the notice of allowance. 

DATE, DURATION, AND FORM OF PATENTS. 

167. Every patent will bear date as of a day not later i 887 - 161 < 

J L J Rev. Stat., seen. 

thau six months from the time the application was passed 4885, 4935. 

,, , , . , „ . , , ,. Date of pateut. 

and allowed and notice thereof was mailed to the appli- 
cant or his attorney, if within that period the final fee be Final fee. 
paid to the Commissioner of Patents, or if it be paid to the 
Treasurer or any of the assistant treasurers or designated 
deposi taries of the United States, and the certi flcate prom ptly 
forwarded to the Commissioner of Patents; and if the final 
fee be not paid within that period, the patent will be with- he ^f tent with - 
held. (See Rule 175.) 
A patent will not be antedated. Not antedated. 

168. Every patent will contain a short title of the inven- J 887 — 162 - 

J L Rev. Stat., sec. 

tion or discovery, indicating its nature and object, and a 4884. 
grant to the patentee, his heirs and assigns, for the term of vemion. 
seventeen years, of the exclusive right to make, use, and Term. 
vend the invention or discovery throughout the United cas e xp ot a foreign 
States and the Territories thereof. But if the invention patent- 
has been previously patented abroad, the term of the patent 
will expire with the term of the foreign patent. The dura- 
tion of a design patent may be for the term of three and a 
half, seven, or fourteen years, as provided in Rule 80. A J e e n ' mofde9isn 
copy of the specification and drawings will be annexed to 
the patent and form part thereof. 

DELIVERY. 

Delivery of 

its date to the patentee, unless there be an attorney of rec- P atent - 
ord, in which case it will be delivered to him or the patentee, 
as the attorney may request; but it will not, without a spe- 
cial request from the applicant, be delivered to an associ- 
ate or substitute attornev. 



170-172 48 

CORRECTION OF ERRORS IN LETTERS PATENT. 

Condon of 1^0. Whenever a mistake incurred through the fault of 
curreli ak throu i "h tue office is clearly disclosed by the records or tiles of the 
fault of the office, office, a certificate, stating the fact and nature of such mis- 
take, signed by the Secretary of the Interior, countersigned 
by the Commissioner of Patents, and sealed with the seal of 
the Patent Office, will, at the request of the pateutee or his 
assignee, be indorsed without charge upon the letters patent, 
and recorded in the records of patents, and a printed copy 
thereof attached to each printed copy of the specification 
and drawings. 

Reissue. Whenever a mistake incurred through the fault of the 

office constitutes a sufficient legal ground for a reissue, such 
reissue will be made, for the correction of such mistake only, 
without charge of office fees, at the request of the patentee. 

Not incurred Mistakes not incurred through the fault of the office, and 

through fault of ° ' 

the office. not aflordiug legal grounds for reissues, will not be cor- 

rected after the delivery of the letters pateut to the pateutee 
or his agent. 

Changes or corrections will not be made in letters patent 
after the delivery thereof to the pateutee or his attorney, ex- 
cept as above provided. 



ABANDONED, FORFEITED, REVIVED, AND RENEWED 
APPLICATIONS. 

1887-165. 171. An abandoned application is one which has not been 

489i eVt a ' s completed and prepared for examination within two years 
plication 006 ' ap alter the filing of the petition, or which the applicant has 
failed to prosecute within two years after any action therein, 
of which notice has been duly given (see Eules 31 and 77), 
or which the applicant has expressly abandoned by filing 
in the office a written declaration of abandonment, signed 
by himself (and assignee, if any), identifying his applica- 
tion by title of invention, serial number, and date of filing. 
(See Rule 60.) 
Prosecution. Prosecution of an application to save it from abandon- 
ment must include such proper action as the condition of 
the case may require. 
1887-icc. 172. Before an application abandoned by failure to com- 

cation! Vd app ' plete or prosecute cau be revived as a pending application, 
4894 6V ' oa,sec it must be shown to the satisfaction of the Commissioner 
that the delay in the prosecution of the same was unavoid- 
able. 



i 



49 1*3-182 

173. When a new application is filed in place of an aban- i887-i67. 
doned or rejected application, a new specification, oath, plications 11 e ap 
drawing, and fee will be required ; bat the old model, if suit- 
able, may be used. 

Foi'fe i t e d or 
'ithhe 
cation. 

prescribed time. (See Rule 167.) 

175. When the patent has been withheld by reason of ^87—^69. ^ 
non-payment of the final fee, any person, whether inventor 48 ^; w a ]ica . 
or assignee, who has an interest in the invention for which tion after non- 

° 7 payment or final 

such patent was ordered to issue, may file a renewal of the fee. 
application for the same invention; but such second appli- 
cation must be made within two years after the allowance 
of the original application. Upon the hearing of such new 
application abandonment will be considered as a question 
of fact. 

176. In such renewal the oath, petition, specification, ^17™'. 
drawing, and model of the original application may be used f 1 ' 1 ^ 1 ^* 1 ^ 
for the second application ; but a new fee will te required. used - 

The second application will not be regarded for all purposes 
as a continuation of the original one, but must bear date 
from the time of renewal, and be subject to examination 
like an original application. 

177. Forfeited and abandoned applications will not .be if 8 !— 1 !?-, 

x *■ Not cited as 

cited as references. references. 

178. Notice of the filing of subsequent applications will 1887— m. 
not be given to applicants while their cases remain for- subsequent 6 ap- 
feited. plicatl0DS - 

179. Copies of the files of rejected and abandoned ap i887— 171. 

■"■.'■.••*' Copies and in- 

plications may be furnished when ordered by the Commis- spection. 
sioner. The requests for such copies must be presented in 
the form of a petition properly verified as to all matters not 
appearing of record in the Patent Office. (See Form 52.) 

EXTENSIONS. 

180. Patents can not be extended except bv act of Con- is87— 1-2. 

L " Rev. Stat., sec. 

greSS. 4924. 

181. When an application for the extension of a patent 1887— 173. 
has been referred to the Commissioner of Patents by Con- rocoetin s 9 - 
gress, proceedings will be instituted and conducted in ac- 
cordance with the following rules: 

182. The applicant for an extension must furnish to the isst — it*;. 

hwo rn state- 
office a statement in writing, under oatli, of the ascertained n,eilt of app 1 *- 

rant. 

value of the invention, and of his receipts and expenditures 
on account thereof, both in this and in foreign countries. 
5866 r p 4 



iS3-is§ 50 

^Rev. stat, sec. This statement must be detailed and particular, unless suf- 
ficient reasons are shown for a failure to make it so. It 
must in all cases be filed with the petition. 
1887-177. ]S3 # s ac h statement must also be accompanied by a cer- 

A b s tr a ct of l •* 

tif ,\ e - .. . tified abstract of title and a declaration under oath setting 

Rev. btat., sec. ° 

4928. forth the extent of the applicant's interest in the extension 

sought. 

OuI^tiJns in 184. The questions which arise on each application for an 
voived. extension are: 

Rev. stat., sec. (l) Was the invention new and useful when patented? 

(2) Is it valuable and important to the public, and to 

what extent? 

(3) Has the inventor been reasonably remunerated for 

the time, ingenuity, and expense bestowed upon the 
invention, and upon its introduction into use? If 
not, has his failure to be so remunerated arisen 
from neglect or fault on his part I 

(4) What will be the effect of the proposed extension 

upon the public interests .' 
Proton first 1< ^' Proof ^"iU not be required from the applicant upon 
point. the first question unless the invention is assailed upon those 

points by opponents. 
1887—180. 186. To enable the Commissioner to reach a correct con- 

On second point. 

elusion in regard to the second point of inquiry, the appli- 
cant must, if possible, present the testimony of disinterested 
persons taken under oath. This testimony must distinguish 
carefully between the specific devices covered by the claims 
of the patent and the general machine in which those de- 
vices may be incorporated. 

oTthird point, 187. "CP 011 the third point of inquiry the applicant, hav- 
ing by his own oath shown his receipts and expenditures 
on account of the invention, must also show, by testimony 
under oath, that he has taken all reasonable measures to 
introduce his invention into general use; and that, without 
neglect or fault on his part, he has failed to obtain from the 
use aud sale of the invention a reasonable remuneration for 
the time, ingenuity, and expense bestowed on the same, and 
on its introduction into use. 

of^Ynt *^8. -^"^ P erson ma y oppose an application for extension ; 

Notice. but notice in writing of such opposition must be given to 

the applicant or his attorney of record within the time here- 

Roasons. inafter named, with a statement of the reasons of opposi- 

tion. After such notice the opponent will be regarded as a 
nent slltsofopp °' party in the case, and will be entitled to notice of the time 
and place of taking testimony, to a list of the names and 






51 180-194 

residences of the witnesses whose testimony may have been 
taken before service of his notice of opposition, and to a 
copy of the application and of any other papers on file, upon 
. payment of the cost thereof. He must also immediately rmn co of 
file a copy of such notice and reasons of opposition, with notice and rea- 
proof of service of the same, in the Patent Office. 

189. If the extension be opposed on the ground of lack of jf^jf 17 ^: nov . 
novelty in the invention, the reasons of opposition must con- el *y- 
tain a specific statement of any and all matter relied upon 
for this purpose. 

190. Any person desiring to oppose an extension must g^vice^of 
serve his notice of opposition, and file his reasons therefor, tice of opposition 

*■ *■ ' ' and filing of rea- 

at least ten days before the day fixed for the closing of the sons- 
testimony; but parties who have not entered formal opposi- 
tion in time to put in testimony may, at the discre' ion of the 
Commissioner, be permitted to appear on the day of hear- 
ing and make argument upon the record in opposition to the 
grant of the extension. In such case good cause for the 
neglect to make formal opposition must be shown. 

191. In case of opposition to the extension of a patent J^" 1 ^ tak 
both parties may take testimony, each giving reasonable ing testimony. 
notice to the other of the time and place of taking the 
same. The testimony will be taken according to the rules 
hereinbefore prescribed. 

192. In contested cases no testimony will be received, f 887 — 184 - 

J ' Testimony ex- 

unless by consent, which has been taken within thirty days^aded. 
next after the filing of the petition for the extension. (See 
Eule 154 (4).) 

193. Service of notice to take testimony must be made as J, 887 — 185 - 

Service of no- 

provided in Rule 154 (2). Where notice to take testi- tice to take testi- 
mony has already been given to an opponent, and a new 
opponent subsequently gives notice of his intention to op- 
pose, the examination need not be postponed, but notice 
thereof may be given to such subsequent opponent by mail isew opponent, 
or by telegraph. But this rule does not apply to ex parte 
examinations, nor to those of which notice is not given be- 
fore service of notice of opposition. 

194. In the notice of application for extension a day will 
be fixed for the closing of testimony, and the day of hear- 
ing will also be named. Applications for postponement of Eev.stat.8eo. 
the day of hearing, or for further time for taking testimony, 49 p ost p OU ement. 
must be made and supported in accordance with the rules 
to be observed in other contested cases j but no postpone- 
ment will bo granted whereby any risk may be incurred of 
delaying the decision until the expiration of the patent. 



■ 



1887—186. 
Day of lifariuL'. 



195-196 52 

Rev. stat, sec. Upon the closing of the testimony the application will be 
Reference to referred without delay to the examiner in charge of the class 



examiner. 



Arguments. 



to which the invention belongs for the report required by 
law ; and such report shall be made not less than five days 
before the day of hearing. As this report is intended for 
the information of the Commissioner, neither the parties DOS 
their attorneys will be permitted to make oral arguments 
before the examiner. In contested cases brie Is are deemed 
Briefs. desirable, and these should always be filed at least five days 

before the day of hearing. 

DISCLAIMERS. 

Rev~st!t sees *®^' Whenever, through inadvertence, accident, or mis- 
4917,4922. ' take, and without any fraudulent or deceptive intention, a 

Grounds, form, ' '' * 

and effect. patentee has claimed as his invention or discovery more 
than he had a right to claim as new, his patent shall be 
valid for all that part which is truly and justly his own, pro- 
vided the same is a material or substantial part of the thing 
patented ; and any such patentee, his heirs or assigns, 
whether of the whole or any sectional interest therein, may, 
on payment of the fee required by law (ten dollars), make 
disclaimer of such parts of the thing patented as he or they 
shall not choose to claim or to hold by virtue of the patent 
or assignment, stating therein the extent of his interest in 
such patent. Such disclaimer shall be in writing, attested 
by one or more witnesses, and recorded in the Patent Office ; 
and it shall thereafter be considered as part of the original 
specification to the extent of the interest possessed by the 
claimant and by those claiming under him after the record 
thereof. But no such disclaimer shall affect any action 
pending at the time of filing the same, except as to the 
question of unreasonable neglect or delay in filing it. 
1887—188 196. Such disclaimer must be distinguished from those 

Different kinds ° 

of disclaimers, which are embodied in original or reissue applications, as 
first filed or subsequently amended, referring to matter 
shown or described, but to which the disclaimant does not 
choose to claim title, and also from those made to avoid the 
continuance of an interference. Such disclaimers must be 
signed by the applicant in person and must be duly wit- 
nessed, and require no fee. (See Rule 107. For forms of 
disclaimers, see Appendix, Forms 27, 28.) 



53 197-203 

CAVEATS. 

197. A caveat, under the patent law, is a notice given to Definition 
| the Patent Office of the caveator's claim as inventor, in order 

to prevent the grant of a patent to another person for the 
same alleged invention upon an application filed during the 
life of the caveat without notice to the caveator. 

198. Any citizen of the United States who has made a KevTstaL, »ec. 
new invention or discovery and desires further time to ma- 49 Q uallflcationof 
ture the same may, on j)ayment of a fee of ten dollars, file in cavcator - 
the Patent Office a caveat setting forth the object and the 
distinguishing characteristics of the invention, and pray- 
pg protection of his right uutil he shall have matured his 

nvention. Such caveat shall be filed in the confidential 
:chives of the office and preserved in secrecy, and shall be ^ATy™ 6 ' "* 
>erative for the term of one vear from the filing thereof. 



.199. The caveat may be renewed, on request in writing, - 



1887—197. 

v the payment of a second caveat fee of ten dollars, and it 
all continue in force for one year from the date of the 
'yment of •such second fee. Subsequent renewals may be 

ide with like effect. If a caveat be not renewed, it will 

11 be preserved in the secret archives of the office. 

200. An alien has the same privilege, if he has resided iu 4 887 .t 19 }- ,■ 

r ° ' Resident alien. 

Jhe United States one year next preceding the filing of his 49 ^ ev - stat.,sec. 
caveat, and has made oath of his intention to become a 
citizen. 

t 201. The caveat must comprise a specification, oath, and, R^ul^es. 
[when the nature of the case admits of it, a drawing, and, 
iike an application for a patent, must be limited to a single 
invention or improvement. 

202. The same particularity of description is not required ParTicuiarity 
In a caveat as in an application for a patent; but the caveat of Kev C1 stot° n sec 
must set forth the object of the invention and the distin- 4902 - 
guishing characteristics thereof, and it should be sufficiently 

precise to enable the office to judge whether there is a prob- 
able interference when a subsequent application is filed for 
a similar invention. If, upon examination, a caveat be found 
defective in this respect, amendment will be required. Amendment - 
Without compliance Avith Eules 198, 201, £02, aud 201, the 
caveator will not be entitled to the notice provided for in 
Eule 205. 

203. The oath of the caveator must set forth that he is a i?87— 104. 
citizen of the United States, or, if he be an alien, that he Rev.'stat.,sec. 



has resided for one year next preceding within the United 
States, and has made oath of his intention to become a citi- 



AW2 



204-209 54 

zen thereof, and tbat be believes bimself tlie original and 
first inventor of the art, machine, or improvement set forth 
in his caveat. 

1887-195. 204. The caveat should be accompanied when practicable 

Drawings. 

by full and accurate drawings, separate from the specifica- 
tion, welLexecuted on tracing muslin or paper that may be 
folded. (See Rule 51.) 
1887-196 203. If at any time within one year after the tiling or re- 

K.6V. Stilt., 86C. 

4902. newal of a caveat another person shall tile an application 

for an invention which would in any manner interfere with 

the invention set forth in such caveat, and if the invention 

Notice of inter- befound patentable, then such application will be suspended 

tion! ng app lca " and notice thereof will be sent to the person filing the caveat 

If the caveator shall file a complete application within the* 

time prescribed, ho will be entitled to an interference witli" 

the previous application, for the purpose of proving priority 

of invention, and obtaining the patent if he be adjudged the" 

prior iuventor. The caveator, if he would avail himself o€ 

Application by in S caveat, must file his application within three months' 

caveator. ' L * 

from the expiration of the time regularly required for thfj 
transmission to him of the notice deposited iu the post offic£ e 
at Washington. The day on which the time for filing expired 
will be mentioned in the notice or indorsed thereon. 
1887-197. 206. The caveator will not be entitled to notice of anv ap- 

No notico of 

application pend- plication pending at the time of filing his caveat, nor of any 

ing or filed after 1 ,..„,,, , . . „ 

expiration of one application filed after the expiration of one year from the 
date of the filing or renewal thereof. 
1887-198. 207. A caveat confers no rights and affords no protection ! 

ecto cavea . exce pj. ag ^ no tj ce f au interfering application filed during * 
its life, giving the caveator the opportunity of proving pri- 
ority of invention if he so desires. It may be used as evi- 
dence in contests, as provided in Rule 151 (6). 

208. There is no provision of law making the caveat assign- 



1887—199. 
Assignment. 



siguable, and the caveat may be used as means of identify- 
ing the invention transferred in an assignment. 
i887-2oo. 209. Caveat papers can not be withdrawn from the office 

"Withdrawal. 

Copies. ' after they have been filed ; but copies of the papers may be 
obtained at the usual rates by the caveator or any person 
duly authorized by him. Additional papers, if containing 
new matter, must be filed as a separate caveat with another 
fee. (For caveat forms, see Appendix, Forms 10, 16.) 



55 



210-214 



ASSIGNMENTS. 



1887—201. 
Kev. Stat., sec. 



Assignability 



210. Every patent or any interest therein shall be assign- 
able in law by au instrument in writing ; and the patentee 
or his assigns or legal representatives may, in like manner, C f 
grant and convey an exclusive right under the patent to the 
whole or any specified part of thes United States. 

211. Interests in patents may be vested in assignees, in £f^: 202 - 
grantees of exclusive sectional rights, in mortgagees, and in °e vested. 
licensees. 

(1) An assignee is a transferee of the whole interest of Assignees. 

the original- patent, or of an undivided part of such 
whole interest, extending to every portion of the 
United States. The assignment must be written 
or printed and duly signed. 

(2) A grantee acquires by the grant the exclusive right, Grantees. 

under the patent, to make and use, and to grant 
to others the right to make and use, the thing pat- 
ented, within and throughout some specified part of 
the United States, excluding the patentee there- 
from. The grant must be written or printed and be 
duly signed. 

(3) A mortgage must be written or printed and be duly Mortgages 

signed. 

(4) A licensee takes an interest less than or different Licensees, 
from either of the others. A license may be oral, 
written, or printed, and if written or printed must 

be duly signed. 

212. An assignment, grant, or conveyance of a patent will 
be void as against any subsequent purchaser or mortgagee^ 
for a valuable consideration without notice unless recorded 
in the Patent Office within three months from the date 
thereof. 

213. No instrument will be recorded which does not, in 
the judgment of the Commissioner, amount to an assign- 
ment, grant, mortgage, lieu, incumbrance 7 or license, or 
which dues not affect the title of the patent or invention to 
which it relates. Such instrument should identify the pat- 
ent by date and number ; or, if the invention be unpatented, 
the name of the inventor, the serial number, and date of the 
application should be stated. 

214. Assignments which are made conditional on the per- 
formance of certain stipulations, as the payment of money, 
if recorded in the office, are regarded as absolute assign- 
ments, until canceled with the written consent of both par- 
ties, or by the decree of a competent court. The office has 



1887—203. 
Rev. Stat., sec. 



1887—204. 
Record. 



1887—205. 
Conditional as- 
gnuients. 



215-213 56 

no means for determining whether such conditions have 
been fulfilled. 
1887-206. 215. In every case where it is desired that the patent shall 

Issue to as- ^ * 

signee. issue to an assignee, the assignment must bo recorded in 

the Patent Office at a date not later than the day <>n which 

is date of record* the final fee is paid. (See Rule 26.) The date of the record 

is the date of the receipt of the assignment at the office. 
Kec^record, 21G » Tuo receiptof assignmentsis generally acknowledged 

si^uiuen™ ° f as ^y the office. They are recorded in regular order as promptly 
as possible, and then transmitted to the persons entitled to 
them. (For form of assignment, see Appendix, Forms 
37-42.) 

OFFICE FEES. 

1887-208. 217. Nearly all the fees payable to the Patent Office are 

vauce. able m ad positively required by law to be paid in advance — that is, 
upon making application for any action by the office for 
4893 6V ' Stat " 8ec ' which a fee is payable. For the sake of uniformity and con- 
venience, the remaining fees will be required to be paid in 
the same manner: 
schedule. 218. The following is the schedule of fees and of prices of 

publications, etc., of the Patent Office : 
Kev. stat., sec. On filing each original application for a design pat- 
ent for three years and six months $10. 00 

On filing each original application for a design pat- 
ent for seven years 15. 00 

On filing each original application for a design pat- 
ent for fourteen years 30. 00 

On allowance of an application for a design patent, 
no further charge. 

Kev. stat., sec. On filing each caveat 1 0. 00 

Ou filing each original application for a patent 15. 00 

On allowance of an original application for a pat- 
ent, except in design cases L'o. 00 

On filing disclaimer 10. 00 

On filing every application for the reissue of a pat- 
ent 30. 00 

On filing each application for a division of a reissue . 30. 00 
Ou allowance of an application lor the reissue of a 

patent, no further charge. 
On filing every application for an extension of a pat- 
ent 50. 00 

On the granting of every extension of a patent 50. 00 

On filing an appeal from a primary examiner or the 
examiner of interferences to the examiners-iu- 
chief - 10. 00 



57 218 

On filing- an appeal from the examiners-in-chief to 

the Commissioner $20. 00 

For manuscript copies of records in the English 
language, for every one hundred words or fraction 

tbereof 10 

If certified, for the certificate, additional .25 

For copies of drawings not in print, the reasonable 

cost of making them. 
For uncertified copies of the specifications and ac- Eev. stat., sec. 

couipanying drawings of all patents which are in 
print : 

Single copies 25 

Twenty copies or more, whether of one or sev- 
eral patents, per copy 10 

For twenty coupon orders, each coupon good until 
used for one copy of a printed specification and 

drawing* 2. 00 

For certified copies of patents, whether in manu- 
script or in print : 
For the specification, for every one hundred 

words or fraction thereof 10 

For the drawings, if in print 25 

For the drawings, if not in print, the reasona- 
ble cost of making them, as above. 

For the certificate 25 

For the grant 50 

For certifying to a duplicate of a model 50 

For abstracts of title to patents or inventions : 

For the certificate of search 1. 00 

For each brief from the digests of assiguments . . 20 
For copies of matter in any foreign language, for 

every one hundred words or fraction thereof .20 

For translation, for every one hundred words or 

fraction thereof 50 

For recording every assignment, agreement, power 
of attorney, or other paper, of three hundred 

words or under 1. 00 

For recordiug every assignment, agreement, power 
of attorney, or other paper of over three hundred 
words and under one thousand words 2. 00 

* Note. — For the convenience of the office and of persons desiring 
printed copies of specifications ami drawings, blank orders, or " cou- 
pons, " have been prepared, which will be sold, on application to tbo 
chief clerk, at the rate of 10 cents each, in lots of '20 or more. Stub- 
books containing 50 or 100 such orders can be furnished at the same 
rate. 



218 58 

For recording every assignment, agreement, power 
of attorney, or other paper of over one thousand 

words $3. 00 

For assistance to attorneys and others iu the exam- 
ination of records, one hour or less .50 

Each additional hour or fraction thereof 50 

For assistance to attorneys in the examination of 
patents or other matter in the scientific library, 

one hour or less . 1.00 

Each additional hour or fraction thereof 1. 00 

For subscription to the Official Gazette, published 
every Tuesday, all subscriptions to commence 
with the beginning of a volume, none being taken 
for a less period than three mouths, and there 
being no club rates or discount to newsdealers, 
as follows : 
To all subscribers within the United States and 

Canada, one year 5. 00 

To foreign subscribers, except in Canada . 7. 00 

Single numbers 10 

For bound volumes of the Official Gazette : 

Semi-annual volumes, from January 1, 1872, to 

June 30, 1883, full sheep binding', per volume. . 4. 00 
Semi-annual volumes, from January 1, 1872, to 

June 30, 1883, half sheep binding, per volume. 3. 50 
Quarter^ volumes subsequent to July 1, 1883, 

full sheep binding, per volume 2. 75 

For the annual index — lists of patentees and inven- 
tions, alphabetically arranged, with date of pat- 
ent, number, etc., from January, 1872 — one volume 

each year, full law binding, per volume 2. 00 

In paper covers, per volume 1. 00 

For the general index — a list of inventions patented 
from 1790 to 1873, with the name of inventor, res- 
idence, date of patent, number, etc. — three vol- 
umes, full law bindiug, per set 10. 00 

For the index from 1790 to 1S3G — a list of inven- 
tions patented from 1790 to 1830, photolitho- 
graphed from Patent Office Reports — one volume, 

full law binding 5. 00 

For the monthly volumes, containing the specifica- 
tions and photolithographed copies of the draw- 
ings of all patents issued during the month, cer- 
tified, bound full sheep, per volume 12. 00 









59 219-221 

For the monthly volumes, containing the specifica- 
tions and photolithographed copies of the draw- 
ings of all patents issued during the month, cer- 
tified, bound half sheep, per volume $10. 00 

For the Index to Patents Eelating to Electricity, 
granted by the United States prior to June 30, 
1882, one volume, two hundred and fifty pages, 

bound 5.00 

In paper covers 3.00 

Annual appendixes for each fiscal year subsequent 

to June 30, 1882, paper covers 1. 50 

For Commissioners' Decisions: 

For 1869-'70-'71, bound in one volume, full law 

binding 2. 00 

For 1872-'73-'74, bound in one volume, full law 

binding 2. 00 

For 1875-'76, bound in one volume, with decis- 
ions of United States courts in patent cases, 

full law binding 2. 00 

For 1875-'76, bound in paper covers 1. 00 

For 1877-'78-'79-'80-'81-'82-'83, one volume 
each year, with decisions of United States 

courts, full law binding, per volume 2. 00 

For 1877-'78-'79-'80-'81-'82-'83, bound in paper 

covers - 1. 00 

Pamphlet of the Eules of Practice Free. 

Pamphlet of the patent laws Free. 

There are no annual reports for gratuitous distri- 
bution. 

219. An order for a copy of an assignment must give the i887— 210. 
liber and page of the record, as well as the name of the in- copiea. 
ventor; otherwise an extra charge will be made for the 

time consumed in making any search for such assignment. 

220. Persons will not be allowed to make copies or trac- 18 g 7 _ 2ll . 
ings from the files or records of the office. Such copies ^y^adeby 
will be furnished, when ordered, at the rates already speci- offioe<ml y- 
fled. 

221. The money required for office fees may be paid to 1887— 212. 
the Commissioner, or to the Treasurer or any of the as- 49 f 5 ev ' stafc ' sec '- 
sistant treasurers of the United States, or to any of the m ^t. de ° f pay ' 
depositaries, national banks, or receivers of public money 
designated by the Secretary of the Treasury for that 
purpose, who shall give the depositor a receipt or cer- 
tificate of deposit therefor, which shall be transmitted 

to the Patent Office. When this can not be done without 
much inconvenience, the money may be remitted by mail, 



222-225 60 

and in every sueb case the letter should state the exact 
te ^ )gi8tered let * amount inclosed. Letters containing money may be regis- 

Money orders, tered. Post-office money orders afford a sale and conven- 
ient mode of transmitting fees. All such orders should be 
made payable to the "Commissioner of Patents." 

weekly 3 " issue 2 -^* ^ ae weekly issue closes on Thursday, and the patents 

and final fee. f that issue bear date as of the third Tuesday thereafter. 

If the final fee in any application is not paid on or before 

Thursday, the patent will not go to issue until the following 

week. 

1887-214. 223. All money sent bv mail, either to or from the Patent 

Remittances by " • * ' 

mail. Office, will be at the risk of the sender, in no case should 

Funds. money be sent inclosed with models. All payments to 

the office must be made in specie, treasury notes, national- 
bank notes, certificates of deposit, post-office money or- 
ders, postal notes, or certified checks. 

REPAYMENT OF MONEY. 

1887-215. 224. Money paid by actual mistake, such as a payment 

1\6V. ottit., 86C. 

4936. in excess, or when not required by law, or by neglect or 

mistake r e - misinformation on the part of the office, will be refunded; 
but a mere change of purpose after the payment of money, 
as when a party desires to withdraw his application for a 
patent or for the registration of a trade-mark, or to with- 
draw an appeal, will not entitle a party to demand such a 
return. 

PUBLICATIONS. 

1887—216. 225. The Official Gazette, a weekly publication which has 

488. v ' a ' 8ec 'been issued since 1872, takes the place of the old Patent 
ze?tc flcial Ga Office Eeport. It contains the claims of all patents (except 

contents. ^ QJ , t | es jg US ) issued, including reissues, with portions of the 
drawings selected to illustrate the invention claimed, and 
also lists of design patents. It also contains decisions ren- 
dered by the courts in patent cases and by the Commissioner 
of Patents, and other special matters of interest to inventors. 

Suoscription. The Gazette is furnished to subscribers at the rate of $5 
per annum. When sent abroad an additional charge of $2 
is made for the payment of postage. Representatives and 
Senators are each entitled to a copy, and each is entitled to 

Public libra- designate eight public libraries to which the Gazette will 

single copies, be sent without charge. Single copies are furnished for ten 
cents each. 

Annual index. An index is published annually, which is sent to all sub- 
scribers and designated libraries without additional cost. 






61 226-228 

Printed volumes are issued monthly containing the en- 4£ ^ ev - stat -- sec - 
tire specifications and drawings of all patents issued dur- Monthly vot- 
ing the previous month. These are authenticated by the Authentication. 
seal of the office, and may be used as evidence throughout 
the United States. One copy is deposited in the Library of Depositories. 
Congress and in each State and Territorial library, and one 
copy in the custody of the clerk of each United States dis- 
trict court, for general reference. 

LIBRARY REGULATIONS. 

226. Officers of the bureau and members of the examin- 1887— 217. 

, ,. , , Rev. Stat., sec. 

ing corps, only, are allowed to enter the alcoves or take 486. 
books from the Scientific Library. books. 

Books taken from this library must be entered in a rear- Registration 

and return. 

ister kept for the purpose, and returned on the call of the 
librarian. 

Any book lost or defaced must be replaced by a new Loss or injury. 
copy. 

Patentees and others doing business with the office can usebytheput- 
examine the books only in the library hall. llc ' 

Translations will be made only for official use. Translations. 

Persons will be allowed to make notes or extracts, but Extracts, cop- 
not copies or tracings, from works in the library. Such ies ' and tracings - 
copies will be furnished at the usual rates. 

AMENDMENTS OF THE RULES. 

227. All amendments of the foregoing rules will be pub- 1887-218. 
lished in the Official Gazette. 



APPLICATIONS UNDER THE INTERNATIONAL UNION 
FOR THE PROTECTION OF INDUSTRIAL PROPERTY. 

228. An applicant who shall have regularly deposited an 
application for a patent of invention, of an industrial model 
or design, in any foreign country that is a party to the In- 
ternational Union for the Protection of Industrial Property 
provided for in the convention and final protocol mentioned 
and defined in the proclamation of the President of the 
United States of date June 11, 1887, and who shall pre- 
sent to be filed in the Patent Office of the United States 
his application for a patent for the same invention, and ask 
the benefit of said convention and final protocol, and es- 
pecially of Article IV thereof, shall be required, simulta- 
neously with the filing of his application, to file a duly au- 



229 62 

thenticated transcript of the application deposited by Lim 
in such foreign country, and of the date of the depositing 
thereof. 

Such authentication may be made in the manner and form 
prescribed by the laws of such foreign country, or by the 
laws of the United States. 

QUESTIONS NOT SPECIFICALLY PROVIDED FOR. 

229. All cases connected with the intricate and multi- 
farious proceedings arising from the working of the Patent 
Office which are not specially defined and provided for in 
these rules will be decided in accordance with the merits 
of each case under the authority of the Commissioner; and 
such decision will be communicated to the interested parties 
in writing. 






APPENDIX OF FORMS. 



PETITIONS. 
1. By a sole inventor. 



To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at S., 
in the county of M., and State of K [or subject, etc.], prays that letters 
patent be granted to him for the improvement in sewing-machines set 
forth in the annexed specification. 

A. B. 
2. By joint inventors. 

To the Commissioner of Patents : 

Tour petitioners, A. B. and CD., citizens of the United States, residing 
respectively at L., in the county of M., and State of IS., and at G , in the 
county of H., and State of I. [or subjects, etc.], pray that letters patent 
may be granted to them, as joint inventors, for the improvement in 
"washing-machines set forth in the annexed specification. 

A. B. 
C. D. 
3. Ey an inventor for himself and an assignee. 

To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at L., 
in the county of M., and State of K. [or subject, etc.), prays that letters 
patent may be granted to himself and C. D., a citizen of the United 
States, residing at L., in the county of M., and State of N., as his assignee, 
for the improvement in printing-presses set forth in the annexed speci- 
fication. 

A. B. 
4. Petition with power of attorney. 

To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at L., 
in the county of M., and State of N. [or subject, etc.], prays that letters 
patent may be granted to him for the improvement iu lamps set forth 
in the annexed specification ; and he hereby appoints C. D.,* of the city 

* If the power of attorney be to a firm, the name of each member of the tirm must 
be given iu full. 

63 



64 

of E., State of S., his attorney, with full power of substitution and 
revocation, to prosecute tbis application, to make alterations and amend- 
ments therein, to receive tbe patent, and to transact all business in the 
Patent Office connec'.ed therewith. 

A. B. 
5. By an administrator. 

To the Commissioner of Patents: 

Your petitioner, A. B., a citizen of the United States, residing at L., 
in tbe county of M., and State of N. [or subject, etc.], administrator of 
tbe estate of C. D., late a citizen of S., deceased (as by reference to the 
duly certified copy of letters of administration, hereto annexed, will more 
fully appear), prays that letters patent may be granted to him for the 
invention of the said C. D. (improvement in fire-hose) set forth in the 
annexed specification. 

A. B., Administrator, etc. 

6. By an executor. 

To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at L., 
iu the county of M., and State of N. [or subject, etc.], executor of the 
last will and testament of C. D., late a citizen of S., deceased (as by 
reference to the duly certified copy of letters testamentary, hereto an- 
nexed, will more fully appear), prays that letters patent may be granted 
to him for the invention of the said C. D. (improvement in churns) set 
forth in the annexed specification. 

A. B., Executor, etc. 

7. For a reissue (by the inventor). 

To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at L., in 
the county of M., and State of N. [or subject, etc.], prays that he may be 
allowed to surrender the letters patent for an improvement in coal- 
scuttles, granted to him May 1G, 18 — , whereof he is now sole owner 
[or whereof CD., on whose behalf and with whose assent this application 
is made, is now sole owner, by assignment], and that letters patent may 
be reissued to him [or the said C. D.] for the same invention, upon the 
annexed amended specification. With this petition is filed fin abstract 
of title, duly certified, as required in such cases. 

A. B. 

ASSENT OF ASSIGNEE TO REISSUE. 

The undersigned, assignee of the entire [or of an undivided] interest 
in the above mentioned letters patent, hereby assents to the accompany- 
ing application. 

C. D. 



65 
8. For a reissue (by assignee). 

[To be used only when the inventor is dead.] 

To the Commissioner of Patents : 

"Your petitioners, A. B.,a citizen of the United States, residing at L., 
in the county of M., and State of N. [or subject, etc.], and 0. 1)., a citi- 
zen of the United States, residing at H., in the county of I., and State of 
K. [or subject, etc.], pray that they may be allowed to surrender the 
letters patent for an improvement in coal-scuttles, granted May 16, 18 — , 
to E. F., now deceased, whereof they are now owners, by assignment, 
of the entire interest, and that the letters patent may be reissued to 
them for the same invention, upon the annexed amended specification. 
With this petition is filed an abstract of title [or an order for making 
and filing the same, etc.]. 

A. B. 
9. For letters patent for a design. 

To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at L., 
in the county of M., and State of N. [or subject, etc.], prays that letters 
patent may be granted to him for the term of three and one-half years 
[or seven years, or fourteen years] * for the new and original design for 
carpets set forth in the annexed specification. 

A. B. 
10. Caveat. 

The petition of A.B., a citizen of the United States, residing at L., in 
the county of M., and State of N. [or subject, etc., see Eule 198], repre- 
sents: 

That he has made certain improvements in cotton-gins, and that he 
is now engaged in making experiments for the purpose of perfecting the 
same, preparatory to applying for letters patent therefor. He therefore 
prays that the subjoined description of his invention may be filed as a 
caveat in the confidential archives of the Patent Office. 

A. B. 
11. For the renewal of a forfeited application. 

To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States residing at L., 
in the county of M., and State of N. [or subject, etc.], represents that on 
May 8, 18—, he filed an application for letters patent for an improve- 
ment in fences, serial number — , which application was allowed July 
7, 18 — , but that he failed to make payment of the final fee within the 
time allowed by law. He now makes renewed application for letters 
patent for said invention, and prays that the original specification, oath, 
drawings, and model may be used as a part of this application. 

A. B. 

* Sec. 4931 R. S. requires the election to bo made iu the original application. 

r>s<)<; r p 5 



6G 

SPECIFICATIONS. 
12. For an art or process. 

To all whom it may concern : 

Be it known that I, A. B., a citizen of the United States, residing at 
L., in the county of M., and State of N. [or subject, etc.], have invented 
certain new and useful improvements in purifying and increasing the 
illuminating power of gas without appreciable loss of bulk (for which I 

have received letters patent in England, Xo. , dated July 6, 18 — *) ; 

and I do hereby declare that the following is a full, clear, and exact 
description of the invention, which will enable others skilled in the art 
to which it appertains to make and use the same. 

Heretofore gas has been purified by passing it through animal char- 
coal ; but when this is used alone, after a short time it loses its power of 
absorbing impurities, and must then be washed with steam or water, or 
have atmospheric air blown through it, or be revivified by heat. Used 
alone, animal charcoal also reduces the candle-power of the gas passed 
through it and diminishes its bulk. 

The object of my invention is thoroughly to purify illuminating-gas, 
to make the operation continuous, and to purify the gas without detract- 
ing from its illuminating power, and without causing any appreciable 
diminution in bulk ; and to this end my invention consists in increasing 
the power of animal charcoal to eliminate from illuminating gas those 
substances which are considered impurities, in charging the charcoal with 
a substance which will prevent it from depriving the gas of illuminants, 
and in passing the gas to be purified with atmospheric air through the 
animal charcoal. 

To carry my invention into effect, I moisten the charcoal (which may 
beeithernewor spent) with coal-tar, or with coal-tar and water, or in some 
cases with water only, and then charge this mass into one or more ves- 
sels, which then constitute the purifiers. I may put the mass into the 
vessels while still wet, or, unless water alone is used, after it has dried. 
Through these vessels the gas is to pass; but before it is admitted J 
introduce into it a<t the retorts, or at the stand-pipe or mains beyond, in 
order to insure a thorough admixture, a small quantity of atmospheric 
air — say from eight-tenths to two and a half per cent, of the bulk oi 
the gas to be purified. The quantity of air will depend directly upon 
the impurities of the gas. Any suitable mixing device for thoroughly 
mixing the admitted air with the gas may be located at any point in t 1m 
mains between the retorts and the bone-black purifiers, or even at the 
point of admission to the purifier. For water-gas the charcoal wet with 
water alone will suffice, air being introduced into the gas. 

The oxygen of the air partly unites with the sulphur to form soluble 
salts, and the rest combines totally with the hydrogen of the sulphureted 



"NOTE.— If no foreign patent lias hen obtained, the words in liareu thesis should 
be omitted. 



67 

and other hydrogen sulphur compounds to form water, and part of the 
sulphur of the sulphureted hydrogen and other sulphur compounds is 
precipitated in a free state in the charcoal, while its nitrogen partly goes 
to form, with part of the remaining hydrogen, ammonia bases. No free 
oxygen passes off' with the purified gas, while if any nitrogen goes over, 
the quantity is so small that it is not detrimental. 

By the application of air in this manner the process is rendered con- 
tinuous, as the charcoal is kept constantly active for a great length of 
time. 

When the absorbing power of the charcoal finally becomes exhausted, 
it may either be sold for the valuable ammoniacal salts it contains, or it 
may be revivified, or be washed and freed from sulphur by a suitable 
sulphur solvent for re-use. 

By charging the bone-black with coal-tar, I prevent it from taking out 
of the gas any olefiant gas or other heavy hydrocarbons serving as 
illuminants. 

I may treat the black, either before or after putting it into the vessels, 
as may be most convenient or suitable, with any substance correlative 
to the illuminants of the gas — that is, with any substance which will 
impregnate the black in such a manner that it will not take up such 
illuminants. I have particularly described coal-tar because that is most 
readily at hand ; but its hydrocarbon distillates or the benzole series 
will answer. 

In the case of coal-gas, not only is the sulphureted hydrogen with 
whichitis contaminated taken up, as just described, but the illuminat- 
ing power of the gas, which is somewhat reduced if passed through dry 
animal charcoal or bone-black, is not decreased when air is used and the 
animal charcoal or bone-black is wet with tar, but is actually improved, 
inasmuch as it gives a whiter flame, of the same candle-power as the 
gas not passed through animal charcoal or bone-black at all. 

By the old method, when purification was effected by the use of lime, 
the sulphureted hydrogen and carbonic acid were absorbed by the lime, 
and the result was, of course, a loss of the original bulk of the gas. 
Now, by my process the sulphur and hydrogen are separated, the sul- 
phur remaining in the charcoal and the hydrogen passing through with 
the gas, while the carbonic acid passes through entire ; and although 
it passes through unchanged, it is sufficiently carbureted not to detract 
from the illuminating power of the gas. I thus have practically the 
same bulk of gas after purification as before this operation, and loss is 
prevented without detriment to the consumer. 

A striking advantage of my process is, that it unites the scrubbing 
and purifying operations, for the gas may be passed directly from the 
condenser into my purifiers. 

To eliminate sulphureted hydrogen, I may also mix with the charcoal 
a substance which will of itself decompose sulphureted hydrogen con- 
tained in gas — such as oxide of iron, tin, manganese ore, etc. 



68 

When the gas issues from my purifiers it is entirely free from aniino- 
niacal and sulphur compounds, and is nearly inodorous. 

When the charcoal is removed from the purifiers it is also inodorous, 
and is in no sense offensive and disgusting like gaslime. 

Having fully described my invention, what I claim, and desire to secure 
by letters patent, is — 

1. In the purification of illuminating- gas by means of animal charcoal, 
the process of preventing absorption of illuminants of the gas by the 
charcoal, which consists in supplying the charcoal with a suitable correl- 
ative to such illuminants, as described. 

2. The process of purifying illuminating-gas, which consists in mixing 
the same with air and then passing it through animal charcoal impreg- 
nated with coal-tar, all substantially as described. 

A. B. 
Witnesses : 

P. G. 
J. D. 

13. For a machine. 

To all u-Jiom it may concern : 

Be it known that I, A. B., a citizen of the United States, residing at 
L., in the county of M., and State of K. [or subject, etc.] have invented 
a new and useful meat-chopping machine (for which I have obtained a 

patent in Great Britain, No. , bearing date June 24, 1 8 — ), of which 

the following is a specification. 

My invention relates to improvements in meat-chopping machines in 
which vertically-reciprocating knives operate in conjunction with a ro- 
tating chopping-block ; and the objects of my improvement are, first, 
to provide a continuously-lubricated bearing for the block; second, to 
afford facilities for the proper adjustment of the knives independently 
of each other in respect to the face of the block; and, third, to reduce 
the friction of the reciprocating rod which carries the knives. 

I attain these objects by the mechanism illustrated in the accompany- 
ing drawing, in which — 

Figure 1 is a vertical section of the entire machine; Fig. 2, a top view 
of the machine as it appears after the removal of the ehopping-bloek 
and knives ; Fig. 3, a vertical section of a part of the machine on the line 
1 2, Fig. 2; and Fig. I, a detailed view in perspective of the reciprocat- 
ing cross-head and its knives. 

Similar letters refer to similar parts throughout the several views. 

The table or plate A, its legs or standards B 15, and the hanger a, 
secured to the under side of the table, constitute the frame- work of the 
machine. In the hanger a turns the shaft D, carrying a fly-wheel, E, a 
crank-pin on the hub of which is connected by a link, b, to a pin passing 
through a cross-head, G, and to the latter is secured a rod, II, having at 
its upper end a cross-head, I, carrying the adjustable ehopping-knives 
d d. referred to hereinafter. 



69 

The cross-head G, reciprocated by the shaft 1), is provided with anti- 
friction rollers e e, adapted to guides / /, secured to the under side of 
the table A, so that the reciprocation of this cross-head may be accom- 
panied with as little friction as possible. 

To the under side of a wooden chopping-block, J, is secured an annular 
rib, 7i, adapted to and bearing in an annular groove, *, in the table A. 
(See Fig. 2.) This annular groove or channel is not of the same depth 
throughout, but communicates at one or more points (two in the present 
instance) with pockets or receptacles jj, deeper than the groove and 
containing supplies of oil, in contact with which the rib h rotates, so 
that the continuous lubrication of the groove and rib is assured. The 
rod H passes through and is guided by a central stand, K, secured to 
the table A, and projecting through a central opening in the chopping- 
block without being in contact therewith, the upper portion of the said 
stand being contained within a cover, 1c, which is secured to the block, 
and which prevents particles of meat from escaping through the central 
opening of the same. 

The cross-head I, previously referred to, and shown in perspective in 
Fig. 4, is vertically adjustable on the rod H, and can be retained after 
adjustment by a set-screw, x, the upper end of the rod being threaded 
for the reception of nuts, which resist the shocks imparted to the cross- 
head when the knives are brought into violent contact with the meat 
on the chopping-block. 

The knives d d are adjustable independently of each other and of the 
said cross-head, so that the coincidence of the cutting-edge of each knife 
with the face of the chopping-block may always be assured. 

I prefer to carry out this feature of my invention in the manner shown 
in Fig. 4, where it will be seen that two screw-rods, m m, rise vertically 
from the back of each knife and pass through lugs n n on the cross- 
head, each rod being furnished with two nuts, one above and the other 
below the lug through which it passes. The most accurate adjustment 
of the knives can be effected by the manipulation of these nuts. 

A circular casing, #, is secured to the chopping-block, so as to form on 
the same a trough, P, for keeping the meat within proper bounds ; and 
on the edge of the annular rib h, secured to the bottom of the block, are 
teeth for receiving those of a pinion, q, which may be driven by the shaft 
D through tbe medium of any suitable system of gearing, that shown 
in the drawing forming no part of my present invention. 

This shaft D may be driven by a belt passing round the pulleys s, or 
it may be driven by hand from a shaft, W, furnished at one end with a 
handle, t, and at the other with a cog-wheel, K, gearing into a pinion on 
the said shaft D. 

A platform, T, may be hinged, as at w?, to one edge of the table A, to 
support a vessel in which the chopped meat can be deposited. The 
means by which it may be supported, and the most convenient method 
of disposing of it when not in use, are showu in Fig. 1. 



70 

1 am aware that prior to my invention meat-chopping machines have 
been made with vertically-reciprocating knives operating in conjunction 
with rotating choppiug-blocks. T therefore do not claim such a com- 
bination, broadly; but 

What I do claim as my invention, and desire to secure by letters pat- 
ent, is — 

1. The combination, in a meat-chopping machine, of a rotary chopping* 
block having an annular rib, h 1 with a table having an annular recess, 
I, and a pocket, j, communicating with the said recess, all substantially 
as set forth. 

2. In a meat chopping machine, the combination of a rotary chopping- 
block with a reciprocating cross-head carrying knives d d, each of which 
is vertically adjustable on the said cross head independently of the other, 
substantially as described. 

3. The knife d, having two screw-rods, m m, attached to its back, sub- 
stantially as shown, for the purpose specified. 

4. The combination, in a meat-chopping machine, of the reciprocating 
rod H, carrying the knives d d, the cross-head (J, secured to the said rod, 
and having anti-friction rollers e e, with guides//, adapted to the said 
rollers, all substantially as set forth. 

A. B. 
Witnesses : 

O. D. 
E. F. 

14. For a composition of matter. 

To all whom it may concern : 

Be it known that I, A. B., a citizen of the United States, residing at 
L., in the county of M., and State of N. [or subject, etc.J, have invented a 
new and useful composition of matter to be used for the removal of hair 
and grease from hides preparatory to tanning (for which I have obtained 

a patent in Great Britain, No. , dated February 25, 18-—), of which 

the following is a specification. 

My composition consists of the following ingredients, combined in the 
proportions stated, viz. 

Pure water 500 gallons. 

Unslaked lime 32 gallons. 

Soda-ash ] 00 pounds. 

Saltpeter 20 pounds. 

Flowers of sulphur 10 pounds. 

These ingredients are to be thoroughly mingled by agitation. 

In using the above-named composition the hides should tirst be freed 
from all salt and impurities, by soaking green hides one day and dry 
hides eight days, and then placing the hides so cleaned in the said solu- 
tion, and allowing them to remain in it forty-eight hours. The hides 
are then to be removed from the solution and unhaired in the usual 
way. 



71 

By the use of the above composition the hair is speedily and thoroughly 
loosened, and the hides, while retaining all of that portion of the sub- 
stance which can be converted into leather, are at the same time entirely 
cleaned from grease and other substances which would prevent them 
from being tanned quickly. 

I am aware that a composition consisting of soda-ash, water, lime, 
and sulphur has been used for the same purpose, and that a patent 

therefor was granted to C. I)., July 10, 18 — , ISTo. . I am also aware 

that saltpeter has been used in depilatory processes ; but I am not aware 
that all of the ingredients of my composition, in the proportions stated, 
have been used together. 

What I claim, and desire to secure by letters patent of the United 
States, is — 

The herein-described composition of matter to be used for depilating 
hides and preparing them for being tanned, consisting of water, un- 
slaked lime, soda-ash, saltpeter, and flowers of sulphur, in the propor- 
tions specified. 

A.B. 

Witnesses : 

CD. 
E. F. 

15. Foe, a design. 

To all idiom it may concern : 

Be it known that I, A. B., a citizen of the United States, residing at 
L., in the county of M., and State of X. [or subject, etc.], have invented 
and produced a new and original design for watch-cases or lockets, of 
which the following is a specification, reference being had to the ac- 
companying drawings, forming part thereof. 

Figure 1 is a sectional view of a watch-case showing my design; Fig. 
2, a side elevation of same, and Fig. 3 an edge view, these three views 
being deemed necessary to fully illustrate my design. 

The leading feature of my design consists in a raised scalloped sur- 
face, the outlines of which, when viewed in elevation, as in Fig. 2, will 
fall entirely within the circular outline or circumference of the center. 

A is the center of the case, which is circular in its general contour, 
and B B are the lids. These are also circular in their outer contour 
where they meet the center, but have scallops C CC on them, substan- 
tially as represented in the several figures. The irregular outline of the 
scalloped surface falls within the outer contour-line of the case, thus 
presenting to the eye the combiued effect of a smooth circular outline 
and a scalloped outline vrithin it. 

Within the smooth open field of each of the lids, centrally set there. 
upon, is the shield-shaped figure D, having upon its outer periphery 
also a scalloped outline harmonizing with the scalloped outline outside 
thereof. 



72 

What I claim is — 

1. The design for a watch-case herein shown and described, the same 
comprising the circular lid B, the shield shaped figure D, bordered 
by the connected series of raised scallops CCC, the contour of the lat- 
ter being within the contour of the lid, as set forth. 

2. In the design for a watch-case herein shown and described, the 
centrally set shield-shaped figure D, having upon its outer periphery a 
scalloped outline, as set forth. 

A. B. 
Witnesses : 

CD. 
E. F. 

16. For a caveat. 

To the Commissioner of Patents : 

Be it known that I, A. B., a citizen of the United States, residing, at 
L., in the county of M., and State of ]ST. [or subject, etc., see Rule 202], 
having invented an improvement in velocipedes, and desiring further to 
mature the same, file this my caveat therefor, and pray protection of my 
right until I shall have matured my invention. 

The following is a description of my newly-invented velocipede, which 
is as full, clear, and exact as I am able at this time to give, reference 
being had to the drawing hereto anuexed. 

This invention relates to that class of velocipedes in which there are 
two wheels connected by abeam forming a saddle for the rider, the feet 
being applied to cranks that revolve the front wheel. 

The object of my invention is to render it unnecessary to turn the 
front wheel so much as heretofore, and at the same time to facilitate the 
turning of sharp curves. This I accomplish by fitting the front and the 
hind wheels on vertical pivots, and connecting them by meaus of a 
diagonal bar, as shown in the drawing, so that the turning of the front 
wheel also turns the back wheel with a position at an angle with the 
beams, thereby enabling it easily to turn a curve. 

In the drawing, A is the front wheel, B the hind wheel, and C the 
standards extending from the axle of the frout wheel to the vertical 
pivot E in the beam F, and D is the cross-bar upon the end of E, by 
which the steering is done. The hind wheel B is also fitted with jaws 
G and a vertical pivot, H. 

A. B. 

Wituesses: 

C. D. 
E. F. 



73 

OATHS. 

17. By an inventor. 

[To follow specification.] 

St ate of , County of , ss : 

, the above-named petitioner, citizen of 1 , and 

resident of , in the county of and State of ■ — , being 

duly sworn (or affirmed), depose and say that 2 verily believe 

3 to be the original, first, and 4 inventor of the improvement 

in 5 described and claimed in the foregoing specification ; that the 

same has not been patented to 6 , or to others with 7 knowl- 
edge or consent, except in the following countries : 8 



; that the same has not to 9 knowledge 

been in public use or on sale in the United States for more than two 
years prior to this application, and 10 do not know and do not be- 
lieve that the same was ever known or used prior to 11 invention 

thereof. 

(Inventor's full name): . 

Sworn to and subscribed before me this day of , 18 — . 

[L. s.] (Signature of justice or notary): . 

(Official character) : . 

[For officers before whom the oath may be made see Eule 47. If the 
applicant be an alien, the oath will show of what foreign state or sover- 
eign he is a citizen or subject. 

If the applicants claim to be joint inventors,the oath will show "that 
they verily believe themselves to be the original, first, and joint invent- 
ors," etc. 

If the inventor be dead, the oath will be made by the administrator 
or executor, who will declare his belief that the party named as inventor 
was the original and first inventor.] 

1 If the applicant be an alien, he will state of what foreign or sovereign state he is a citizen or sub- 
ject. 

2 "Ho" or "they." 

3 " Himself" or "themselves." 

4 "Sole "or "joint." 

5 Insert title of invention. 

6 "Himself" or " themselves." 

7 "His" or "their." 

8 Here insert, if previously patented, the country or countries in which it has been so patented, 
giving the date and number of each patent. If not previously patented, erase the words " except in 
the following countries" and insert the words "in any country." 

9 " His " or "their." 
">" He "or "they." 

11 "His" or "their." 



74 
19. By an applicant foe a reissue (inventor). 

[When the oiiginal patent is claimed to be inoperative or invalid " by reason of the patentee claiming 
as his own invention or discovery more than ho had a right to claim as new," this form can be 
modified accoidiugly.] 

State of , County of , ss : 

, the above-named petitioner, being duly .sworn, deposes 

and says that lie does verily believe himself to be the original and first 
inventor of the improvement set forth and elaimed in the foregoing 
specification, and for which improvement he solicits a patent; 1 that 
depouent does not know and does not believe that said improvement 
was ever before known or used; 1 that deponent is a citizen of the United 

States of America, and resides at , in the county of , and 

State of j 1 that depouent verily believes that the letters patent 

referred to in the foregoing petition aud specification and herewith sur- 
rendered, are inoperative (or invalid) for the reason that the specifica- 
tion thereof is defective (or insufficient), and that such defect (or in- 
sufficiency) consists particularly in 2 ; 

and deponent further says that the errors which render such patent so 
inoperative (or invalid) arose fr jm inadvertence (or accident, or mistake), 
aud without any fraudulent or deceptive intention on the part of depo- 
nent ; 3 that the following is a true specification of the errors which it is 
claimed constitute such inadvertence (or accident, or mistake), relied 

upon: 2 ; that such errors so 

particularly specified arose (or occurred) as follows: 2 



(Inventor's full name): 



Subscribed and sworn to before me this day of , 18- 

[l. s.] (Signature of justice or notary): 

(Official character): 



20. By an applicant for a reissue (assignee). 

[To be used only when the inventor is dead.] 

State of I., County of K., ss: 

A. B. and C. D., the above-named petitioners, being duly sworn [or 
affirmed], depose and say that they verily believe that the aforesaid let- 
ters patent granted to E. F. are [here follows Form 19, the necessan 
changes being made]; that the entire title to said letters patent is vested 
in them; and that they verily believe the said E. F. to be the first and 
original inventor of the invention set forth and claimed in the foregoing 
amended specification ; aud that the said E. F. is now deceased. 

A. B. 
CD. 
Sworn to and subscribed before me this 14th day of November, 18 — . 

A. B., 
[Title of office.] 

1 Rule 46. * Rule 87. » Rules 85 and 87. 



75 

21. Supplemental oath to accompany a new or an enlarged 

CLAIM. 

State of I., County of K., ss: 

A.B., whose application for letters patent for an improvement in seed- 
drills (serial number ) was filed in the United States Patent Office on 

or about the 15th day of March, 18 — , being duly sworn [or affirmed], 
deposes and says that he verily believes himself to be the original and 
first inventor of the improvement as described and claimed in the fore- 
going amendment, in addition to that which was embraced in the claims 
originally made, and that he does not know and does not believe that 
the same was ever before known or used, and that the matter sought 
to be inserted formed a part of his original invention at the date of filing 
said application, and was invented by him before he filed the same. 

A. B. 

Sworn to aud subscribed before me this 11th day of July, 18 — . 

0. D., 
[Official title.] 

22. Oath as to the loss of letters patent. 

State of 1., County of K., ss : 
A. B., of said county, being duly sworn [or affirmed], doth depose and 

say that the letters patent No. , granted to him, and bearing date 

on the 9th day of January, A. D. 18 — , have been either lost or de- 
stroyed; that he has made diligent search for the said letters patent in 
all places where the same would probably be found, if existing, and 
that he has not been able to find them. 

A. B. 
Subscribed and sworn to before me this 5th day of October, 18 — . 

0. D., 
[Official title.] 

23. Oath of administrator as to the loss of letters patent. 

State of I., County of K., ss : 

A. B., of said county, being duly sworn, doth depose and say that he 
is administrator of the estate of E. F., deceased, late of L., in said 
county ; that the letters patent No. — — , granted to said E. F., and 
bearing date of the 9th day of January, A. D. 18 — , have been lost or 
destroyed, as he verily believes 5 that he has made diligent search for 
the said letters patent in all places where the same would probably be 
found, if existing, and especially among the papers of the decedent, 
and that he has not been able to find said letters patent. 

A. B., 
Administrator, etc. 
Subscribed and sworn to before me this 5th day of October, 18—. 

CD., 
[Official title.] 



76 
24. Power of attorney after application filed. 

If the power of attorney be given at any time other than that of 
making application for letters patent, it will be in substantially the fol- 
lowing form: 
To the Commissioner of Patents : 

The undersigned, having, on or about the 20th day of July, 18 — , 
made application for letters patent for an improvement in horsepowers 

(serial number ), hereby appoints C. D.,* of L., in the county of 

M., and State of K, his attorney, with full power of substitution and 
revocation, to prosecute said application, to make alterations and 
amendments therein, to receive the patent, aud to transact all business 
in the Patent Office connected therewith. 

Signed atL., in the county of M., State of N., this 6th day of June, 

18—. 

A.B. 

25. Revocation of power of attorney. 

To the Commissioner of Patents : 

The undersigned, having, on or about the 26th day of December, 18 — , 
appointed C. D., of L., in the county of M., aud State of N., his attor- 
ney to prosecute an application for letters patent, which application 
was filed on or about the 1st day of June, 18 — , for an improvement in 

the running-gear of wagons (serial number ), hereby revokes the 

power of attorney then given. 

Signed at L., in the county of M., and State of K, this 21st day of 

July, 18—. 

A.B. 

26. Amendment^ 

To the Commissioner of Patents : 

In the matter of my application for letters patent for an improve- 
ment in sewing-machines, filed May 1, 18 — (serial number ), I 

hereby amend my specification as follows: 

By striking out all between the 5th and 20th lines, inclusive, of page 3 ; 

By inserting the words "connected with" after the word "and" in 
the 1st line of the 2d claim ; and 

By striking out the 3d claim and substituting therefor the following : 

"3. The combination, with the driving-shaft, the needle bar, and 
mechanism for reciprocating the same, of the shuttle carrier, the shuttle- 
lever, and a cam carried by the driviug-shaft, whereby the proper re- 

* See foot-note page 63. 

t Note. — In the preparation of all amendments a separate paragraph should he de- 
voted to each distinct erasure or insertion, in order to aid the office in making the 
entry of the amendment into the case to which it pertains. 



77 

ciprocatiug movement is imparted to the shuttle-carrier, and the needle- 
bar is caused to operate in unison therewith, substantially as described." 
Signed at L., in the county of M., and State of N. 

A. B., 
By S. Z., 
His Attorney in Fact. 
DISCLAIMERS. 
27. Disclaim kr after patent. 
To the Commissioner of Patents : 

Your petitioner, A. B., a citizen of the United States, residing at L., 
iu the county of M., and State of N. [or subject, etc.], represents that in 
the matter of a certain improvement in printing-presses, for which let- 
ters patent of the United States No. were granted to 0. D. on the 

12th day of June, 18 — , he is [here state the exact interest of the dis- 
claim ant; if assignee, set out liber and page where assignment is re- 
corded], and that he has reason to believe that through inadvertence 
[accident or mistake] the specification and claim of said letters patent 
are too broad, including that of which said patentee was not the first 
inventor. Your petitioner, therefore, hereby enters his disclaimer to 
that part of the claim in said specification which is in the following 
words, to wit : 

"I also claim the sleeves A B, having each a friction-cam, C, and 
connected, respectively, by means of chains or cords K L and M N. 
with au oscillatory lever, to operate substantially as herein shown and 
described." 

A. B. 
Witness : 

C. D. 

28. Disclaimer during interference. 

Interference. 
A. B. > 

vs. > Before the examiner of interferences. 
0. D. ) 

Subject-matter : Sewing-machines. 
To the Commissioner of Patents : 

Sir : Iu the matter of the interference above noted, under the pro- 
visions of and for the purpose set forth iu Rule 107, 1 disclaim [set forth 
the matter as given in declaration of interference], as I am not the first 
inventor thereof, and I herewith transmit an amendment to my appli- 
cation (serial number ), for the purpose of having the above dis- 
claimer embodied as part of my specification. 

Signed at L., in the county of M. ? in the State of N., this 15th day of 
June, 18 — . 

A. B. 

Witnesses : 

E. F. 
G. H, 



78 

APPEALS. 
29. From a principal examiner to the examiners-in-chief. 

To the Commissioner of Patents : 

Sir: I hereby appeal to the examiners-in-chief from the decision of 
the principal examiner in the matter of my application for letters pat- 
ent for an improvement in wagon-brakes, filed January 10, 18 — , which 
on the 29th day of July, 18 — , was rejected the second time. The follow- 
ing are the points of the decision on which the appeal is taken : [Here 
follows a statement of the points on which the appeal is taken, as pro- 
vided in Rule 133.] 

[Place and date of signing.] 

A. B. 

30. From a principal examiner to the commissioner. 

To the Commissioner of Patents : 

Sir : I hereby petition to you in person from the decision of the 
principal examiner, made April 7, 18—, in the case of my application 
for letters patent for an improvement in harvesters, filed January 10, 
18 — , wherein he refused to consider the case upon its merits until cer- 
tain alleged inaccuracies of expression in the specification should be 
corrected. The following are the points of the decision on which the 
petition is taken : [Here follow points on which petition is taken.] 

[Place and date of signing.] 

A. B. 

31. From the examiners-in-chief to the commissioner. 
To the Commissioner of Patents : 

Sir: I hereby appeal t) you in person from the decision of the ex- 
aminers in-chief, made April 7, 18 — , in the interference between my 
application for letters patent for improvement in sewing-machines and 
the letters patent of A. B., in which priority of inveution was awarded 
to said A. B. The following are assigned for reasons of appeal : [Here 
should follow an explicit statement of the alleged errors in the decision 
of the examiners in chief.] 

C. D. 

32. From the examiner in charge of interferences to the 
examiners-in-chief. 

To the Commissioner of Patents : 

Sir: I hereby appeal to the examiners-in-chief from the decision of 
the examiner of interferences in the matter of the interference be- 
tween my application for letters patent for improvement in sewing-ma- 
chines and the letters patent of A. B., in which iriority of invention 
was awarded to said A. B. The following are assigned for reasons of 
appeal: [tlere should follow an explicit statement of alleged errors in 
the decision of the examiner of interferences.! 

C. D. 



79 

33. From the examiners-in-chief to the commissioner. 

To the Commissioner of Patents : 

Sir : We hereby appeal to the Commissioner in person from the de- 
cision of the examiners-in-chief in the matter of our application for the 
reissue of letters patent for an improvement in cotton-presses, granted 
to A. B., May 18, 18 — . The following are assigned for reasons of ap- 
peal : [Here follow the reasons as in Form 31.] 

C. D. 

E. F. 

34. From the commissioner to the supreme court of the 
district of columbia. 

Washington, D. C, July 20, 18 — . 
To the Supreme Court of the District of Columbia, in banc : 

The petition of A. B., of L., in the county of M., and State of N., 
respectfully showeth: That he has heretofore invented a new and use- 
ful improvement in velocipedes ; that on or about the 1st day of May, 
18 — , he applied to the Patent Office of the United States for a patent 
for the same [or for the reissue of a patent granted therefor under date 
of June 10, 18 — ], and complied with the requirements of the several 
acts of Congress, and with the rules of the Patent Office prescribed in 
such cases ; that his said application was rejected by the Commissioner 
of Patents, on appeal to him, on or about June 20, 18 — ; that he has 
filed in said office due notice to the Commissioner of Patents of this his 
appeal, accompanied with the reasons of appeal; and that the Commis- 
sioner has furnished him with complete copies of all the original papers 
and evidence in the case, all of which, together with a copy of the rea- 
sons of appeal, accompany this petition, and are to be taken as a part 
hereof. 

And the said A. B. prays that his said appeal may be heard and 
determined by your honorable court at such early time as may be ap- 
pointed for that purpose; and that the Commissioner of Patents may 
be duly notified of the same, and directed in what manner to give notice 
thereof to the parties interested. 

A. B. 

To the Commissioner of Patents : 

A. B., of L., in the county of M., and State of N., hereby gives notice 
that he has appealed from your decision, rendered on or about the 20th 
day of June, IS — , rejecting his application for a patent [or for a reissue 
of a patent granted to him Juue 10, 18 — ], for an improvement in velo- 
cipedes; and of this you are respectfully requested to take notice. 

And the said A. B. assigns the following reason for appealing from 
the said decision of the Commissioner of Patents, viz : 

[ITere follow reasons, which should be full and explicit, and consti- 
tute a brief of the appellant's argument.] 

A. B. 



80 
35a. Preliminary statement for domestic inventor. 
' ^ Interference in the United States Patent Office. 






p VS n ^ Preliminary statement of A. B. 

A. B., of L., in the county of M., and State of N., being duly sworn, 
doth depose and say that he is a party to the interference declared by 
the Commissioner of Patents, June 3, 18 — , between A. B.'s application 

for letters patent, filed May 6, 18 — , serial number , and the patent 

to C. D., granted April 20, 18 — , for a twine-machine ; that he conceived 
the invention set forth in the declaration of interference* on or about 

the day of , 18 — ; that on or about the day of , 

18 — , he made drawings of the invention [if he has not made a drawing, 
then he should say that no drawing of the invention in issue has been 

made] ; that on or about the day of , 18 — , he first explained 

the invention to others, and that he made a model showing such inven- 
tion on or about the day of , 18 — [if he has not made a model, 

then he should allege that no model of the invention in issue has been 
made] ; that he embodied his invention in a full-sized machine, which 

was completed about the day of , 18 — , and that on the 

day of , 18 — , the said machine was successfully operated at his 

shop in the town of L., county of M., State of N., and that he has since 
continued to use the same, and that he has manufactured others for use 
and sale. [If he has not embodied the invention in a full-sized machine, 
he should so state, and if he has embodied it, but has not used it, he 
should so state.] 

A. B. 

Subscribed and sworn to before me this day of , 18 — . 

E. F., 
[Official title.] 

356. Preliminary statement of foreign inventor. 
' Interference in United States Patent Office. 



^. B. ) 

vs. > 
J. D. ) 



Preliminary statement of A. B. 



A. B., of London, in the county of Middlesex, England, being duly 
sworn, doth depose and say that he is a party to the interference de- 
clared by the Commissioner of Patents, January 2, 18 — , between his 

application for patent, filed December 15, 18 — , serial number , and 

the patent of C. D., granted October 12, 18 — , No. , for an im- 
provement in saws; that he made the invention set forth in the declara- 

* If the party has doubts as to whether the matter of his application is properly in- 
volved in the issue as declared, then in lieu of the terms " the invention set forth in 
the declaration of interference" he may say "the invention contained in the olaimi 
of my application [or patent] declared to be involved in this interference," and should 
specify shell claims by number. 



81 

tion of interference,* being at that time in England j that patents for 
such invention were applied for and obtained as follows: 

Application filed in Great Britain , 18 — , patent dated , 

18 — , No. ; application filed in France , 18 — , patent dated 

— , 18 — , No. . [If a patent has not been obtained in any 

country it should be so stated.] 

That such invention was fully described in a magazine published at 

Edinburgh, , 18 — , by Messrs. G. & H., entitled ''The Magazine 

of Science" (see page of such magazine), and in the following news- 
papers: The London Journal, of ,18 — ; Le Courier, published 

at Paris, date of , 18 — . [If the invention was never described 

in a printed publication it should be so stated.] 

That knowledge of such invention was introduced into the United 
States under the following circumstances: On May 1, 18 — , the said A. 
B. wrote a letter to E. F., residing at New York, State of New York, 
describing such invention and soliciting his services in procuring a pat- 
ent therefor in the United States. This letter, he is informed and be- 
lieves, was received by the said E. F. on May 15, 18 — . Also on June 2, 

18—, he wrote a letter to the firm of , of , State of , 

describing such invention and requesting their assistance in manufac- 
turing and putting it on the market, which letter, he is informed and 
believes, was received by them on June 20, 18 — . Such invention was 
manufactured by such firm and described in their trade circulars, as he 
is informed and verily believes, on or about the 15th day of August, 
18 — . [If the invention has not been introduced into the United States 
otherwise than by the application papers it should be so stated, and the 
date at which such papers were received in the United States alleged. | 

A. B. 

Subscribed and sworn to before me this day of , 18 — . 

E. F., 

[Official title.] 

* If the party has doubts as to whether the matter of his application is properly 
involved in the issue as declared, then in lieu of the terms " the invention set forth 
in the declaration of interference," te may say "the invention contained in the claims 
of my application [or patent] declared to be involved in this interference," and should 
specify such claims by number. 
5866 E P 6 



82 

36. Rules of the supreme court in appeals from the com- 
missioner OF PATENTS, ADOPTED NOVEMBER 30, 1870. 

1. The appellant's petition shall be addressed to the court, and shall 
be substantially as follows: 



" To the Supreme Court of the District of Columbia, in banc, , 

18—. 

" The petition of , a citizen of , in the [State, 

Territory, district] of , respectfully shows as follows: 

" (1) About the day of , 18—, I invented [describe 

the subject of the desired patent in the identical words of the applica- 
tion to the Patent Office.] 

" (2) On the day of , 18 — , in the manner prescribed 

by law, I presented my application to the Patent Office, praying 
that a patent be issued to me for said invention. 

"(3) Such proceedings were had in said office, upon said appli- 
cation, that on the asday of , 18 — , it was rejected by 

the Commissioner of Patents. 

" (4) I thereupon appealed to this court, and gave notice thereof 
to the Commissioner, and filed in his office the following reasons 
for said appeal : 

" (5) The Commissioner of Patents has furnished me a complete 
copy of all the proceedings in his office upon my said application, 
which copy has been filed herewith, and is to be taken as part hereof. 

"(6) And thereupon I pray that the court do revise and reverse 
said decision, to the end that justice may be done in the premises.* 



2. This petition shall be filed in the clerk's office of this court; and as 
soon as the petitioner has made the deposit required by law at the com- 
mencement of suits in this court, or said deposit has been dispensed 
with, the clerk shall enter the case in a docket to be provided by him 
for the purpose, and in which a brief of said filing and of all subsequent 
proceedings in the case shall be entered as and when they successively 
occur, down to and including the final decision. 

3. The clerk shall provide a minute-book of his office, in which he 
shall record every order, rule, j udgment, or decree of the court in each 
case, in the order of time in which said proceedings occur; and of this 
book there shall be two alphabetical indexes, one showing the name of 
the party applying for the patent, and the other designating the inven- 
tion by its subject-matter or name. 

4. The cases in the docket of causes shall be successively numbered 
from No. 1 onward, aud each case shall also be designated by the num- 
ber assigned to it on the records of the Patent Office. 

5. This docket shall be called for the trial of the cases thereon on the 
first day of each session of this court in general term, provided the peti- 
tion has been filed ten days before the commencement of the term. 



83 

6. The opinions of the court, when written, shall be kept by the clerk, 
in the order of their delivery and in a temporary book-file, indexed ; 
and when so many have been delivered as will make a volume of con- 
venient size, he shall cause them to be bound. 

7. The clerk shall furnish to any applicant a copy of any paper iD any 
of said appeals on payment of the lawful fees. 

8. Hearings of said appeals shall be subject to the rules of the court 
provided for other causes therein. 

9. When the testimony of the Commissioner, or of any examiner, 
touching the principles of invention in question, shall be deemed neces- 
sary, it shall be taken orally in open court, unless otherwise ordered by 
the court. And in such case the co urt may order it to be reduced to 
writing, and filed or entered on its minutes, if it think proper. 

10. The final judgment or order of the court shall not recite any of 
the facts made to appear in the case, but shall be to the following ef- 
fect: 

"This appeal having been heard upon the record from the Patent 
Office [and upon the testimony of the Commissioner of Patents] [of one 
of the examiners] [touching the principles of the invention], and hav- 
ing been argued by [counsel for] the petitioner and [for] the Commis- 
sioner : 

" It is thereupon ordered and adjudged that the [petition be dismissed] 
[Commissioner do issue to the petitioner a patent] [as prayed], [grant- 
ing the petitioner (so and so)]. 

" And that the clerk of this court transmit to the Commissioner of 
Patents a copy of this decree duly authenticated." 

ASSIGNMENTS. 

37. Of an entire interest in an invention befobe the issue 
of lettebs patent. 

Whereas I, A. B., of L., county of M., State of N., have invented a 
certain new and useful improvement in harvesters [giving title of the 
same], for which I am about to make application for letters patent of 
the United States; and whereas G. D., of R., county of S., State of 1ST., 
is desirous of acquiring an interest in said invention, and in the letters 
patent to be obtained therefor : 

Now, therefore, to all whom it may concern, be it known that, for and 

in consideration of the sum of dollars to me in hand paid, the 

receipt of which is hereby acknowledged, I, the said A. B., have sold, 
assigned, and transferred, and by these presents do sell, assigu, and 
transfer unto the said G. D., the full and exclusive right to the said in- 
vention, as fully set forth and described in the specification prepared 

and executed by me on the day of , IS — , preparatory to 

obtaining letters patent of the United States therefor; and I do hereby 



84 

authorize ami request the Commissioner of Patents to issue the said 
letters patent to the said G. D., as the assignee of my entire right, title, 
and interest in and to the same, for the sole use and behoof of the said 
G. D. and his legal representatives. 

In testimony whereof I have hereunto set my hand and affixed my 
seal this 4th day of May, A. D. 18 — . 

A. B. [seal.] 

In presence of— 
O. P. 
S. T. 

38. Of the entire interest in letters patent. 

Whereas I, A. B., of L., county of M., State of X., did obtain letters 
patent of the United States for an improvement in car-wheels, which 

letters patent are numbered , and bear date the 5th day of June, 

iu the year 18 — , and whereas I am now the sole owner of said patent 
and of all rights under the same; and whereas E. F., of E., county of 
S., State of N., is desirous of acquiring the entire interest in the same: 

Now, therefore, to all whom it may concern, be it known that, for 

and iu consideration of the sum of dollars to me in hand paid, 

the receipt of which is hereby acknowledged, I, the said C. D., have 
sold, assigned, and transferred, and by these presents do sell, assign, 
and transfer unto the said E. F., the whole right, title, and interest in 
and to the said improvement in car-wheels, and in and to the letters 
patent therefor aforesaid; the same to be held and enjoyed by the said 
E. F., for his own use and behoof, and for the use and behoof of his legal 
representatives, to the full end of the term for which said letters patent 
are or may be granted [thus including extension], as fully and entirely 
as the same would have been held and enjoyed by me had this assign- 
ment and sale not been made. 

In testimony whereof I have hereunto set ray hand and affixed my 
seal at L., in the county of M., and State of X., this L'oth day of July, 
A. D. 18—. 

A. B. [seal.] 

In presence of— 
KP. 
O. T. 

39. Of an undivided interest in letters patent. 

Whereas I, A. B., of L., county of M., State of X., did obtain letters 
patent of the United States for an improvements hay-rakes, which letters 

patent are numbered , and bear date the 3d day of August, iu the 

year 18 — ; and whereas 0. D., of K., county of S., State of X., is desir- 
ous of acquiring an interest in the .same : 

Now, therefore, to all whom it may concern, be it known that, for 
and iu consideration of the sum of dollars to me in hand paid, the 



85 

receipt of which is hereby acknowledged, I, the said A. B., have sold, 
assigned, and transferred, and by these presents do sell, assign, and 
transfer unto the said D. E., the undivided one-half part of the whole 
right, title, and interest in and to the said invention, and in and to the 
letters patent therefor aforesaid ; the said undivided one-half part to 
be held and enjoyed by the said C. D., for his own use and behoof, and 
for the use and behoof of his legal representatives, to the full end of 
the term for which said letters patent are or may be granted [thus in- 
cluding extension], as fully and entirely as the same would have been 
held and enjoyed by me had this assignment and sale not been made. 
In testimony whereof I have hereunto set my hand and affixed my 
seal at L., in the county of M., and State of 1ST., this 7th day of June, A. 
D. 18—. 

A. B. r SEAL.] 

In presence of— 
KP. 
O. T. 

40. Territorial interest after g-rant of patent. 

Whereas I, A. B., of L. , county of M., State of N., did obtain letters 
patent of the United States for improvement in grain -binders, which 

letters patent are numbered and bear date the 8th day oT June, 

in the year 18— ; and whereas I am now the sole owner of the said pat- 
ent and of all rights under the same in the below-recited territory; and 
whereas C. D., of B., county of S., State of N., is desirous of acquiring 
an interest iu the same : 

Now, therefore, to all whom it may concern, be it known that, for and 
in consideration of the sum of dollars to me in hand paid, the re- 
ceipt of which is hereby acknowledged, I, the said A. B., have sold, as- 
signed, and transferred, and by these presents do sell, assign, and trans- 
fer unto the said C. D., all the right, title, and interest in and to the said 
invention, as secured to me by said letters patent, for, to, and in the 
State of 1ST., and for, to, or in no other place or places; the same to beheld 
and enjoyed by the said C. D. within and throughout the above-specified 
territory, but not elsewhere, for his own use and behoof, and for the use 
and behoof of his legal representatives, to the full end of the term for 
which said letters patent are or inay be granted [thus including exten- 
sion], as fully and entirely as the same would have been held and en- 
joyed by me had this assignment and sale not been made. 

In testimony whereof I have hereunto set my hand and affixed my 
seal at L., in the count}' of M., and State of N., this 3d day of May, A. 
D. 18—. 

A. B. [seal.] 

In presence of— 
S. T. 
B. D. 



86 
41. License— shop-right. 

In consideration of the sum of dollars, to be paid by the firm 

of S. J. & Co., of L., in the county of M., State of N., I do hereby 
license and empower the said S. J. & Co. to manufacture in said L. [or 
other place agreed upon] the improvement in cotton-seed planters, for 

which letters patent of the United States No. were granted to me, 

November 13, 18—, and to sell the machines so manufactured through- 
out the United States, to the full end of the term for which said letters 
patent are granted. 

Signed at L., in the county of M., and State of N., this 22d day of 
April, 18—. 

A. B. 

42. License — not exclusive — with royalty. 

This agreement, made this 12th day of September, 18 — , between A. 
B., of L., in the county of M., and State of N, party of the first part, and 
C. D. & Co., of O., in the county of R., and Stateof S., party of the second 
part, witnesseth, that whereas letters patent of the United States No. 

, for an improvement in horse-rakes were granted to the party of 

the first part, dated October 4, 18 — ; and whereas the party of the second 
part is desirous of manufacturing horse-rakes containing said patented 
improvement : Now, therefore, the parties have agreed as follows: 

I. The party of the first part hereby licenses and empowers the party 
of the second part to manufacture, subject to the conditions hereinafter 
named, at their factory in O , and in no other place or places, to the 
end of the term for which said letters patent were granted, horse-rakes 
containing the patented improvements, and to sell the same within the 
United States. 

II. The party of the second part agrees to make full and true returns 
to the party of the first part, under oath, upon the first days of January 
and July in each year, of all horse-rakes containing the patented im- 
provements manufactured by them. 

III. The party of the second part agrees to pay to the party of the first 
part five dollars as a license-fee upon every horse-rake manufactured by 
said party of the second part containing the patented improvements: 
provided, that if the said fee be paid upon the days provided herein for 
semi-annual returns, or within ten days thereafter, a discount of fifty 
per cent, shall be made from said fee for prompt payment. 

TV. Upon a failure of the party of the second part to make returns 
or to make payment of license fees, as herein provided, for thirty days 
after the days herein named, the party of the first part may terminate 
this license by serving a written notice upon the party of the second 
part; but the party of the second part shall not thereby be diseharged 
from any liability to the party of the first part for any license-fees due 
at the time of the service of said notice. 



87 

la witness whereof the parties above named have hereunto set their 
hand's the day and year first above written at L., in the county of M., 
and State of N. 

A. B. 

C. D. & Co. 

EXTENSIONS. 
43. Application for an extension (by a patentee). 

To the Commissioner of Patents : 

Your petitioner, A. B., now residing at L., in the county of M., and 

State of IS"., prays that letters patent No. , for an improvement in 

steam-engines, granted to him August 17, 18 — , may be extended, in 
pursuance of an act of Congress approved January 25, 18 — , a certified 
copy of which is hereto annexed. 

Signed at L., in the county of M., and State of N. 

A. B. 

[Append copy.] 

44. Application foe, an extension (by an administrator) 

To the Commissioner of Patents : 

Your petitioner, A. B., of L., in the county of M., and State of F., 
administrator of the estate of C. D., late of B., in the county of S., and 
State of 1ST., deceased (as by reference to the duly certified copy of letters 
of administration, hereto annexed, will more fully appear), prays that 

letters patent No. , for an improvement in stoves, granted to said 

C. D., August 24, 18 — , may be extended in pursuance of an act of Con- 
gress approved June ] , 18 — , a certified copy of which is hereto annexed' 

Signed at L., in the county of M., and State of N. 

A. B., Administrator. 

[Append copy.] 

45. Statement and account. 

In the matter of the application of A. B., of L., county of M., and State 
of N., executrix of the last will and testament of C. D., late of B., in 
the county of S., and State of N., deceased, for extension of letters 

patent No. , granted to him January 9, 18 — , for improvements 

in mowing-machines. 

To the Commissioner of Patents : 

The applicant respectfully represents that, prior to obtaining the let- 
ters patent now sought to be extended, the said C. D. was a farmer; 
that his attention was called to the subject of mowing-machines by the 
difficulty experienced in cutting grass by the machines then in use ; 
that, after numerous patient and costly experiments, he succeeded in 
perfecting his invention and in obtaining his patent. He immediately 



88 

made arrangements to manufacture the improvement, and for this pur- 
pose sold three-fourths of his farm. He then, with others, built a 
factory and commenced operations ; but two years afterward the estab- 
lishment was destroyed by fire, without insurance. In the exposure 
at the fire C. D. contracted a disease which confined him to the house 
for three years, when he died, leaving applicant, his executrix and 
widow, with a large family and small means. Nevertheless, applicant 
made every effort to induce manufacturers to use the improvement, 
and at last succeeded in inducing the firm of E. T. & Co., of It., in the 
county of S., and State of K, to recommence the manufacture of the 
machines. But after four years the firm failed, being largely in debt to 
applicant for royalties. After this it became impossible for applicant to 
do anything with the invention. She wrote to several manufacturers 
and made personal application to others, but found them unwilling to 
make arrangements to pay royalties, or to use the invention in any way, 
unless she would sell the patent, including the extension, for a nominal 
sum. She states, however, that she has at length succeeded in perfect- 
ing an agreement with G. H. & Co., of T., in the county of W., and 
State of K, conditioned upon the extension, whereby the said firm 
agreed to manufacture the patented machines and to pay her a royalty 
of three dollars upon each one made. Aside from the interest so vested 
in G. H. & Co., the entire interest in the extension remains vested in 
her, and she has made no assignment, contract, or agreement of any 
kind for the sale or assignment of the extended term to any person what- 
soever. 

The following is believed to be a correct statement of receipts and 
expenditures, and is as full as it is possible to make it : 

Receipts. 

From profits from business (for particulars of which see 

Schedule A) $1, 230. 00 

From royalties from E. T. & Co. (for details of which see 

Schedule B) 2, 341. 50 

From sale of shop-right to L. M 250. 00 

Total receipts . . 3, 827. 50 

Expenditures. 
Expense of procuring patent 250. 00 

Net receipts 3, 577. 50 

The invention is exceedingly useful, as will be abundantly proved. 
The testimony will show that it has been introduced upon twenty thou- 
sand mowing-machines, and has increased the value of said machines 
not less than $3 each. It is evident, therefore, that the public have 






been greatly benefited by the use of this invention ; while the fact that 
0. D. invested his entire time and means and finally lost his life iu the 
prosecution of his invention is respectfully submitted as proof that he 
has not been adequately remunerated for his time, ingenuity, and ex- 
pense bestowed upon this invention and the introduction thereof into 
use. 

A. B., Executrix. 

46. Oath by an applicant for extension (patentee). 

State of M.j County ofN., ss : 

A. B., the above-named applicant, being duly sworn (or affirmed), de- 
poses and says that the foregoing statement and account by him signed 
are correct and true to the best of his knowledge and belief. 

A. B. 

Sworn to and subscribed before me at L., in said county, this 1st day 
of November, A. D. 18—. 

C. D., 

[Official title.] 

47. Oath by an applicant for an extension (executor). 

State of M.j County of N., ss : 

A. B., executor of the last will and testament of C. D., deceased, being 
duly sworn (or affirmed), deposes and says that the foregoing statement 
and account by him subscribed are correct and true, to the best of his 
information, knowledge, and belief. * 

A. B., Executor, etc. 

Sworn to and subscribed before me at L., in said county, this 20th day 
of May, 18—. 

C. D., 
[Official title.] 

48. Eeasons of opposition to an extension (by individuals). 

In the matter of the application of A. B. for an extension of letters pat- 
ent for improvements in sewing-machines, No. , dated May 15, 

18—. 

To the Commissioner of Patents : 

We wish to oppose the application above referred to, for the following 
reasons, viz : 

1. Applicant was not the original and first inventor of the improve- 
ment claimed by him in said letters patent, the same having been fully 
described in the English patent No. of the year . 

2. If said alleged invention was ever made by applicant, which we 
deny, it is not useful. 

3. Said invention is not valuable nor important to the public. 



90 

4. Applicant bas been adequately remunerated for bis time, ingenuity, 
and expense in originating and perfecting bis alleged invention. 

5. Applicant has not used due diligence in introducing bis alleged in- 
vention into general use. 

0. Applicant bas assigned to otber parties all interest in the exten- 
sion ; and the extension, if granted, would not be for his benefit. 

(See assignment to 0. D., dated April 1, 18 — ; recorded June 2, 18 — , 
in liber J'°, page 217.) 

7. The statement and account filed by applicant do not present a true 
statement of his receipts and expenditures. 

E. F. 
G. H. 
I. K. 
DEPOSITIONS. 

49. Notice of taking testimony. 

Boston, Mass., March 29, 18—. 
In the matter of the interference between the application of A. B. for a 

paper collar machine and the patent No. , granted December 15, 

18 — , to G. D., now pending before the Commissioner of Patents. 
Sie : You are hereby notified that on Wednesday, March 31, 18 — , at 
the office of E. F., esq., No. 30 Court street, Boston, Mass., at nine o'clock 
in the forenoon, 1 shall proceed to take the testimony of G. H., J. K., 
and L. M., all of B., as witnesses in my behalf. 

The examination will continue from day to day until completed. You 
are invited to attend and cross-examine. 

A. B., 
By E. S., his Attorney. 
[Place and date of signing.] 

Proof of service. 

State of M., County of N., ss: 

Personally appeared before me, a justice of the peace [or other officer], 
the above-named A. B., who, being duly sworn, deposes and says that 
he served the above notice upon O. P., the attorney of the said C. D., 
at 1 o'clock p. in. of the 30th day of March, 18 — , by leaving a copy 
at bis office in P., in the county of S., and State of N., in charge of his 
partner, P. S. 

A. B. 
Sworn to and subscribed before me at L., in the county of M. and State 
of N., this 31st day of March, 18 — . 

E. P., 
[Official title.] 
[Seruco may be acknowledged by the party upon whom it is made as 
follows : 
Service of the above notice acknowledged this 30th of March, 18 — . 

C. D. s 
By E. F., his Attorney.] 



91 

50. Form of deposition. 

Before the Commissioner of Patents, in the matter of the interference 
between the application of A. B. for a paper-collar machine and 
letters patent No. , granted December 15, 18 — , to 0. D. 

Depositions of witnesses examined on behalf of A. B., pursuant to the 
annexed notice, at the office of E. F., No. 30 Court street, Boston, 
Mass., on Wednesday, March 31, 18 — . Present, S. T., esq., on behalf 
of A. B., and V. W., esq., on behalf of C. D. 
G. H., being duly sworn [or affirmed], doth depose and say, in answer 

to interrogatories proposed to him by S. T., esq., counsel for A. B., as 

follows, to wit : 
Question 1. What is your name, age, residence, and occupation ? 
Answer 1. My name is G. H. ; I am forty-three years of age ; I am a 

manufacturer of paper collars, and reside at C, in the State of M. 
Question 2, etc. * * * * * 

And in answer to cross-interrogatories proposed to him by V. W.,esq., 



Cross- question 1. How long have you known A. B. H 
Answer 1. * * - * * 



G. H. 



51. Certificate of officer. 

[To follow deposition.] 

State of M., County of N., ss : 

I, A, B., a notary public within and for the county of M., and State of N. 
[or other officer, as the case may be], do hereby certify that the forego- 
ing deposition of C. D. was [or depositions of C. D., B. F., etc., were] 
taken on behalf of G. H., in pursuance of the notice hereto annexed, be- 
fore me at— — , in the [city or town, etc.] of K., in said county, on the 

day [or days] of August, 18 — ; that said witness [or each of said wit- 
nesses] was by me duly sworn before the commencement of his testi- 
mony ; that the testimony of said witness [or each of said witnesses] 
was written out by myself [or by O. P. in my presence] ; that the oppos- 
ing party, X. Y., was present [or absent] during the taking of said testi- 
mony ; that said testimony was taken at , and was commenced at 

9 o'clock a. m. on the 21st of August, 18 — , was continued pursuant to 
adjournment on the 22d, 23d [etc.], and was concluded on the 28th of 
said month; that I am not connected by blood or marriage with either 
of said parties, nor interested directly or indirectly in the matter in con- 
troversy. 

In testimony whereof I have hereunto set my hand and affixed my 

seal of office, at , in said county, this 1st day of September, 18—. 

S. T., 
| Official title.] 



92 

The magistrate will then append to the deposition the notice under 
which it was taken, and will seal up the testimony and direct it to the 
Commissioner of Patents, placing upon theenvelope a certificate, in sub- 
stance as follows: 

I hereby certify that the within deposition of G. H. [if the package 
contains more than one deposition give all the names], relatiug to the 
matter of interference between A. B. and C. D., was taken, sealed up, 
and addressed to the Commissioner of Patents by me this 2Cth day of 

April, A. D. 18—. 

E. P., 

[Official title] 

52. Petitions for copies of rejected and abandoned applica- 
tions. 

To the Commissioner of Patents : 

The petition of , a resident of , in the county of , 

and State of , respectfully shows : 

First. That on the day of , A. D. , patent No. , is- 
sued to one . 

Second. That your petitioner is informed and believes that on the 

day of , A. D. , said patentee filed in the United States 

Patent Office an application for patent for improvement in . 

Third. That your petitioner verily believes that said application has 
not been prosecuted during the past two years and upward ; and he 
also verily believes that the last action had therein was on or about the 
day of , A. D. . 

Fourth. That said application has therefore become and now stands 
abandoned. 

Filth. That on the day of , A. D. , said patentee began 

suit, in the circuit court of the United States for the district of 

, against your petitioner, which suit is based upon said patent; 

and the same is now pending and undetermined. 

Sixth. Your petitioner is iuformed and believes that to enable him 
to prepare and conduct his defense in such suit it is material and nec- 
essary that he be allowed access to and copies of the files of such 
abaudoned case. 

Seventh. Your petitioner therefore requests that he or , in his 

behalf and as his attorney, be permitted to inspect and be furnished 
copies of all or any portion of such files. 



Petitioner. 

By , 

His Attorney. 

State of , County of , ss : 

On this day of , A. D. , before me, a notary public in 

ami for said county and State, personally appeared , the above- 
named attorney, who, being by me duly sworn, deposes and says that 
he has read the foregoing petition and knows its contents, and that 



93 

the same is true, except as to the matters therein stated ou information 
or belief, and as to those matters he believes it to be true. 



Notary Public. 



53. Petition undek rule 145. 



Application of- 
Serial number ■ 



Subject of invention . 

To the Commissioner of Patents : 

Your petitioner avers— 

First. That he is the applicant above named. 

Second. That said application was filed on the day of , 

last. 

Third. That when so filed said application contained three claims. 

Fourth. That your petitioner was informed by office letter of the 
-, A. D. 18 — , (1) that his first claim was rendered vague aud in- 
definite by the employment of the words u ," which words 

should be erased ; (2) that his second claim was met by certain refer- 
ences which were given ; and (3) that the third claim was mere sur- 
plusage and should be eliminated. 

Fifth. That on the day of your petitioner filed an amend- 
ment so eliminating his third claim, and accompanied such amendment 
with a communication in which he declined to amend such first claim, 
and asked for another action thereon. 

Sixth. That your petitioner was then informed by office letter of the 

day of that the former requirement relating to claim one 

would be adhered to, and that no action would be had on the merits of 
either claim until said amendment so required had been made. 

Wherefore your petitioner requests that the examiner in charge of 
such application be advised that such amendment so required by him 
to said first claim be not insisted upon, and directed to proceed to ex 
amine both said remaining claims upon their merits. 

A hearing of this petition is desired on the day of . 



Applicant. 



Attorney for Applicant. 



State of , County of , ss : 

On this day of , A. D. 18 — , personally appeared before me> 

a notary public in and for said county, , the above named 

petitioner, who, being by me duly sworn, says that he has heard said 
petition read and knows its contents, and that the same is true, except 
as to the matters therein alleged on information or belief, and as to 
those matters he believes it to be true. 

Notary Public. 



INDEX. 



Subject. 



Rule. 



Abandoned, forfeited revived, and renewed applications. 
(See Abandonment, Forfeiture, and Renewal ) 

Abandonment, 

of application by failure to complete 

by failure to prosecute 

by intent of applicant 

considered, upon renewal of application 

Administrators and executors, 

may make application 

will make oath 

patent may issue to 

Adverse decision, 

upon preliminary questions 

Affidavits, 

to overcome references on rejection 

in support of application for reissue 

to establish priority of invention 

Amendments, 

right to amend __ 

requisites of 

to be signed both by inventor and assignee of undivided interest. 

must be written legibly on but one side of the paper 

on sheets of paper separate from the original .__ 

erasures and insertions 

to correspond to original model, drawing, or specification 

involving a departure from original invention not permitted 

not covered by original oath. 

of specification, if no model or drawing 

to correct inaccuracies or prolixity 

af rer claims are ready for appeal 

after decision on appeal, based on discovery of Commissioner. - 

after notice of allowance 

to applications in interference 



to preliminary statements 

to reissues 

to caveat 

to Rules of Practice, to be published in Official Gazette 

Appeals, 

from requirement of model 

to examiners-in-chief from primary examiner on merits of invention 

to be in writing 

prerequisites to 

examiner to furnish a statement of the grounds of rejection 

appellant to furnish a brief of reasons of appeal 

oral hearing before examiners-h? -chief, how obtained 

how conducted 

decision of examiners in-chief to be confined to points appealed — 
but upon discovery of grounds for granting or refusing a patent not 

involved in appeal, action -. 

to examiners-in-chief from examiner, interference cases, patentabil- 
ity of claims -. 

to Commissioner upon refusal of examiner to admit amendment 

upon obj ection that the appeal is in formal 

on preliminary or intermediate questions from examiner 

95 



31, 171 

31, 77, 171 

171 

175 

25,26 
25,26 
25,26 

64, 67, 69 

66,76 

87 

93, 110 



68, 73, 74 

6,73 

45 

73 

73 

70 

70 

48 

48,70 

71 

68 

139 

78, 165, 166 

106, 107, 109 

130 

112, 113 

88 

202 

227 

56 
133 
133 
134 
135 
136 
137 
138 
139 

139 

124 146 
68 
135 
145 



96 



Subject. 



Rule. 



Appeals — Continued. 

to Commissioner in interference cases 

upon adverse decision by examiners-in-chief 

rehearings 

jurisdiction 

reconsideration of cases decided by a former Commissioner 

to the supreme court of the District of Columbia 

Applicants. (See Applications.) 

who maybe 

should transact their business in writing 

personal attendance unnecessary 

required to conduct business with decorum and courtesy 

will be informed of serial number of their application 

Applications, 

what constitutes a complete application 

to whom made 

must be made by actual inventor, if alive 

if dead, l>v executor or administrator. 

must be written in the English language 

how signed and witnessed 

office can not advise or assist in preparation of 

all parts should be filed at the same time ._ 

incomplete applications will not be filed 

will be stricken from the files for irregularities .. 

will be numbered in annual series commencing January 1, 1880 

to contain but one invention unless connected ... 

when applicant makes two or more, covering same invention, cross- 
references required ... 

reservation for future application not permitted 

showing but not claiming invention 

data required in letters concerning 

oath to, by applicant _. 

by applicant lor reissue 

by executor or administrator 

supplemental to amendment 

before whom taken 

kept secret while pending 

when patented are open for inspection 

examination of, order of 

privileged cases taking precedence in 

delayed, if model is condemned 

suspended by request 

in reissue cases, by whom signed 

what must accompany 

no new matter to be introduced 

division of 

original will be reviewed 

abandonment of, by failure to complete 

by failure to prosecute 

by filing a formal abandonment 

abandoned and forfeited, not cited as references 

copies, to whom furnished 

prosecution of, defined 

renewal of, after abandonment. 

after forfeiture 

new, after abandonment may be accompanied by old model 

after forfeiture may be made by any party in interest 

but within two years 

old papers may be used in renewal after forfeiture ... 

new, may be made for claims not in interference 

rejected, certified copies of, to whom famished 

rejected, may be appealed to examiners in-chief after two rejections 



124, 146, 147 
140 
142 
14:} 
141 
148-150 

24 

4 

4 

22 

31 

30 
30 



31 



30 

40 
14 
32 
31 
31 
31 
41,42 

43 
44 
76 
10 
46 
87 
47 
48 
47 
15 
16 
63 
63 
58 
77 
85 



90 

31,171 

,77,171 

60, 171 

177 

17!) 

171 

172 

175,176 

17:: 

17f> 

17r, 

176 

106 

17!) 

133 



97 



Subject. 



Applications — Continued. 

caveator must file, within three months after notice 

filed under International Convention 

Arguments, 

oral, hours of hearing 

limitation of 

right to open and close, in contested cases 

not to be made before examiner in extension cases 

brief of, to be made in appeal cases, to be previously filed 

interference cases, to be previously filed 

in contested cases should be printed 

Assignee, 

if of entire interest, is entitled to hold correspondence with the office 

exclusively 

and patent may issue to him 

if of undivided part interest, correspondence will be held with in- 
ventor 

and patent may issue jointly 

may make application for reissue of patent _ 

may prosecute or defend in interference ". 

may file application for renewal after forfeiture 

patent will issue to, if assignment is recorded before payment of 

final fee 

Assignments, 

assignability of patents 

grant of territorial rights 

in whom may be vested 

assignees (1)-- 

grantees (2)_. 

mortgages _.(3)_. 

licensees (4)-- 

must be recorded in United States Patent Office to secure against 

subsequent conveyance 

what will be accepted (brrecord 

should identify the patent 

conditional assignments 

if recorded before payment of final fee, patent will issue to assignee- 
date of receipt is date of record 

receipt of, acknowledged 

recorded, in regular order, and returned 

fees for recording 

copies of 

orders for copies of, must give liber and page 

Attorneys 

who may act as 

care enjoined in selecting 

office can not aid in selection 

correspondence to be with them only 

power of attorney must be filed before any recognition or privileges 

are extended 

given to a firm not recognized unless all its members are named 

therein . 

general powers not recognized 

substitution or association of, when authorized by principal 

if not satisfactory, power may be revoked 

' assignments do not operate as a revocation 

may examine cases in attorneys' room, but not in rooms of the ex- 
aminers 

personal interviews with examiners 

required to conduct business with decorum and courtesy 

may be refused recognition for misconduct 

5866 n p 7 



Eule. 



205 

228 

151 
151 
138, 153 
194 
136 
147 
163 



5,20 
26 



85 
131 
175 

215 

210 
210 
211 
211 
211 
211 
211 

212 

213 

213 

214 

26, 215 

215 

216 

216 

218 

218 

219 

17 

17 

17 

17 

7 

18 

18 
18 
19 
20 
20 



21,152 
22 



98 



Subject. 



Kale. 



Attoeneys— Continued. 

as members of Congress can not act as, or be given information with- 
out a power of attorney, their services should not be solicited 

Bar, 

foreign patents not a 

use will not bar patent here, if not patented by another or 

described in printed publications 

inventions shown but not claimed in other applications may not be a 

Briefs, 

of authorities and arguments upon which appeal will be maintained 

to be filed before day of hearing 

same, interference cases .. 

same, extension cases 

should be submitted in printed form 

Caveats, 

defined f 

who may file 

fee required on riling 

operative for one year 

may be renewed yearly upon payment of fee 

preserved in secrecy 

requisites of 

must embrace but one invention 

particularity of description 

amendment may be required 

oath to 

to be accompanied by drawings when practicable 

notice of interfering applications filed while caveat is operative given 

to caveator. 

but not of prior or subsequent applications 

application must be filed within three months after notice .. 

effect of 

may be used as evidence 

must be filed, oracopy, if relied on as proof (6). 

not assignable, but invention is 

can not be withdrawn ... . 

copies obtainable only by caveator or persons authorized by him 

Claims, 

in specific and distinct form must follow specification 

not in conflict in interference may be withdrawn and new applica- 
tion therefor filed 

must be twice rejected before appeal 

copies of rejected claims must accompany examiner's statement on 
appeal 

Commissioner, 

appeals to, from examiner 

in interference cases 

from examiners-in-chief 

from, to the supreme court District of Columbia 

reconsideration of cases decided by former 

cases decided by, reopened only by himself 

examiners-in-chief reheard only by writteu author- 
ity of 

Complaints, 

against examiners, how presented 

Composition of matter, 

specimens whenrequired... 

Copies, 

of specifications, drawings, and patents will be furnished at specified 

rates 

coupons receivable for ... ... 



136 

147 

194 

147,163 

197 
198,200 
198,218 

198 
199 
15, 198, 199 
-201,202 
201 
202 
202 
203 
204 

205 
206 
205 
207 
207 
154 
208 
209 
209 

37 

106 
134 

135 

68, 135, 139 
145 

124, 146, 147 

139, 140 

148 

111 

142 

142 

22 

62 



16,218 
218 



99 



Subject. 



Eule. 



Copies— Continued. 

from works in the library 

but no translations furnished 

of patents, etc., referred to in references will be furnished 

of papers in pending cases, to applicants for amendment 

of claims may be obtained by opposing parties in interference 

of motion papers and affidavits to be served 

of rejected and abandoned files 

of caveats 

of files, records, etc., made only by the office 

orders for, of assignments must contain liber and page 

coeeection of ereors in letters patent 

Correspondence, 

rules for conducting 

all business with the office should be transacted by 

all letters and communications to the office to be addressed to the 

Commissioner of Patents 

all letters from tbe office to be sent in his name 

postage, etc., must be prepaid 

to be held exclusively with assignee of entire interest 

with inventor in case of undivided interest 

with attorney after power is filed _' 

double, with different parties in interest not allowed _. 

separate letter for each subject of inquiry required 

letters relating to application should state 

letters relating to patents should state ,. 

answered promptly 

copy of rules marked sent as respectful answer to certain inquiries- 
resumed with principal, if power is revoked 

discourteous communications returned to writers 

Coupons, 

sold by the office at reduced rate, and receivable for all printed copies 
of specifications and drawings 

Date, duration, and foebi of patents, 

date of 

never antedated . 

duration of 

duration of design 

what is granted in a patent 

Depositions. (See Testimony.) 

lormalities to beobservedin preparing 

certificate of magistrate to accompany (3)_ 

to be sealed up, addressed, and forwarded to the Commissioner of 

Patents '. (3). 

officials, relatives of interested parties, not competent to take 

foreign 

rules of evidence apply to the taking of 

subpoenas to secure attendance of witnesses 

printing of 

Deliveey, 

of patent .... . 

Design patents, 

to whom granted... 

for what terms of years 

arrangement of specification. - ... 

proceedings on applications 

models, when not required 

photographs or engravings of, required 

drawings ._. 

Disbaement, 

of att" 'jeys from practice 



226 
226 
66 
72 
108 
153 
179 
209 
220 
219 
170 

1-13 
li 4 

2 

2 

3 

5 

6 

7 

8 

9 

10 

11 

13 

14 

20 

22 



218 

167 
167 
168 

168 
168 

155, 156 
154 

154 
156 
158 
159 
160 
162 

169 

24, 79 

80 
81 
81 



22 



100 



Subject. 



Disclaimers, 

who may make 

grounds, form, and effect 

different kinds of 

fee required by law 

Drawings, 

required by law when the nature of case admits 

must show every feature of the invention 

must be signed and attested 

if of an improvement, must show connection with old structure 

three editions to be printed and published by the office, when pat- 
ented 

for this purpose uniform standard of excellence required 

paper and ink to be used in preparation of •-(!)- 

size, marginal lines, and heading (2). 

character and color of lines (3). 

fewest lines possible to be used and little shading (4). 

scale of the drawing and number of sheets . (5). 

size, formation, and placing of letters and figures of reference. (G). 
like letters and figures must represent like parts throughout the 

drawings (6). 

signatures to be placed in corners (7). 

title, in pencil upon back... (7). 

large views, how arranged (7). 

preparation of figures specially for publication in Official Ga- 
zette (8). 

should be rolled, not folded, for transmission to the office (9). 

no stamp, advertisement, or address permitted on lace of (9). 

new, required with applications for reissue 

signature to, and size of drawings for reissue of patents 

specific rules relating to preparation of drawings will be enforced .__ 

inferior or defective drawings will be rejected 

competent artists only should be employed 

office will furnish or amend drawings if requested.. 

employes of Patent Office other than draftsmen prohibited from mak- 
ing 

amendments to, must conform to model or specification ... 

may be withdrawn for correction 

new, required in application for renewal after abandonment .... 

original may be used with renewal application alter forfeiture . 

to be filed with a caveat 

Evidence. (See Testimony. ) 

established rules of evidence will be applied strictly in all practice 

before the office . 

caveat as (6). 

official records and special matter used as._ (7). 

none will be considered on hearing not taken and filed in compli- 
ance with rules __. 

monthly volumes of specifications and drawings are authenticated 

and admissible in courts as 

Examination, 

of applications, order of _. 

privileged cases taking precedence in 

as to form first made 

delayed if model is condemned .. 

re-examination after rejection if requested 

suspended .. .. 

re-examination of original upon reissue 

of papers by attorney not permitted without a power 

Examinees, 

appeals from 



101 



Examinees— Continued. 

complaints against 

personal interviews with 

digests 

Exceptions, 

to testimony 

noticeof to be given to office and adverse party 

Executoes. (See Administrators.) 

Exhibits, 

accompanying depositions in contested cases, how transmitted __(3)__ 
if not withdrawn after use, how disposed of 

Expeess chaeges, feeight, etc., 

must he prepaid in full 

Extensions, 

only by act of Congress 

rules for proceedings after passage of the act 

sworn statement of applicant to be filed in Patent Office and with 

the petition 

accompanied by abstract of title 

the questions involved in an application for 

proof as to novelty and usefulness 

as to value and importance 

as to past remuneration 

may be opposed by any person 

opponent to give notice, with reasons, to applicant 

and file copies of, with proof of service, in the Patent Office 

entitled to notice of time and place of taking testimony, etc,. 

if opposed for lack of novelty 

parties who have not entered formal opposition not permitted to ap- 
pear at hearing without permission of Commissioner 

rules for taking testimony 

testimony excluded taken within thirty days after filing petition 

service of notice to take testimony 

day of hearing ._ 

postponement 

reference to examiner and his report 

arguments and briefs 

ex parte proofs in extension cases (4) — 



final, will be called for on allowance of patent 

if not paid on or before Thursday, too late for the weekly issue 

if not paid within six months, patent forfeited 

to whom it may be paid I 

new, required upon renewal after forfeiture | 

on appeal to examiners-in-chief, §10 . 

on appeal to Commissioner from examiners-in-chief, $20 j 

on interlocutory appeals (no fee) 

on appeal to the supreme court of the District of Columbia, $10 

to be paid in advance 

schedule of 

mode of payment 

registered letters 

postal money orders 

money by mail at risk of sender 

funds receivable 

money paid by mistake refunded 

FOEEIGN COUNTEIES, 

taking testimony in 

FOEErGN PATENTS, 

not a bar to United States patent 

but will limit its term . ._ 

Foreign use, 

will not bar a patent here if not patented by auother or described in 
printed publication 



21, 152 
14 

159 
159 



154 
61 



180 

181 

182 
183 

184 

185 
186 
187 
188 
188 
188, 190 
188 
189 

190 
191 
192 
_ 193 
194 
194 
194 
194 
154 

164 
222 
167, 174 
167 
176 
133 
140 
145 
148 
217 
218 
221 
221 
221 
223 
223 
224 

158 

29 
29, 46 



27 



102 



Subject. 



liule. 



Forfeiture, 

of patent by non-payment of final fee 

Gazette. (See Official Gazette.) 

Hearings and interviews 

postponement of interference cases 

oral, before examiners-in-chief on appeal 

hours of, by the Commissioner 

examiners-in-chief 

examiner of interference 

examiners 

before the supreme court of the District of Columbia. _ 

Interviews. (See Hearings and Interviews.) 

Interferences, 

defined 

in what cases declared.. 

preparation for 

failure to prepare for 

notice of, from examiner to examiner of interferences 

revision of notice by examiner of interferences 

points of difference to be referred to Commissioner 

jurisdiction in cases of. 

by whom and how declared 

notices to parties 

motion for postponement of time of filing statements 

certified copies used in place of original papers 

claims not in conflict may be withdrawn 

disclaimer to avoid interference 

amendment during 

inspection of claims of opposing parties 

inventors showing but not claiming 

preliminary statement, how prepared, filed, opened 

when opened to inspection 

if defective, may be amended 

failing to file, judgment may be rendered on the record 

subsequent testimony alleging prior dates excluded .. 

presumption as to order of invention .-, 

preliminary statement not evidence 

time for taking testimony 

failure to take testimony 

enlargement of time.. 

motion to dissolve 

stay proceedings 

appeals to Commissioner and examiners-in-chief 

concessions of priority 

action if statutory bar appears 

second interference 

vacation of judgment 

suspension of interference for consideration of new references 

for addition of parties 

prosecution or defense by assignee 

claims of defeated parties shall stand rejected 

appeals in 

Invention, 

shown but not claimed may not bar other patents 

Issue, 

a patent will issue upon payment of final fee 

applications when withdrawn from ... 

weekly, will close on Thursday of each week 

will bear date third Tuesday thereafter 

Joint inventors, 

defined 

entitled to joint patent only 



174 

151, 152 
120 

137,138 
151 
151 
151 
152 
150 



93 

94 

95 

96 

97 

98 

99 

100, 101 

102 

103 

104 

105 

106 

107 

106,107,1(19. 

130 

108 
109 
110 
111 
112.113 
114 
115 
116 
117 
118 
11!) 

121 
122 
123 

124 
125 
126 
127 
127 
128 
129 
i:;i 

132 
146,147 



164 
78,165, 166 

222 
222 

28 
28 



103 



Subject. 



Joint patents, 

to joint inventors 

to inventor and assignee 

JtrETSDICTION 

after notice of allowance, examiner has none over case 

examiner lias jurisdiction till interference is declared 

resumed by examiner on reference from examiner of interferences to 
determine patentability ._ 

Letters to the office. (See Correspondence.) 

Libeaey, 

regulations of 

no copies or tracings to be made from the works in — 

copies will be furnished by the office at usual rates 

License, 

may be oral or written. (4). 

Model, 

not required to be filed with application 

if on examination one be found necessary, request therefor will be 

made . .... — 

requisites of 

material and dimensions 

how made 

name of inventor should be permanently fixed thereon 

if not strong and substantial will be condemned _ 

working model, when desirable . 

when returned or withdrawn 

when patented open to inspection 

not to be taken from the office, except in custody of sworn employe .. 

filed as exhibits in contested cases may be withdrawn _- 

if not claimed within reasonable time, may be disposed of by Com- 
missioner 

amendments to, must conform to drawings or specifications 

when not required for designs 

old, may be used with a new application 

may be amended on reissue by drawings only 

Moneys. (See Fees.) 

Motions 

to amend preliminary statement _ 

for postponement of time of filing statement 

to dissolve interference 

for postponement of hearing 

in contested cases 

notice of 

proof cf service 

will not be heard in absence of either party 

will be heard by 

right to open and close 

equity practice in cases to which rules do not apply 

to extend time for taking testimony. (5). 

to take testimony in foreign countries (1). 

Notice, 

of all motions in contested cases 

of taking testimony in all cases (1). 

Interference cases, 

to applicants who may become parties 

to patentees who may become parties 

toexaminerof interferences 

to parties to 

of defective statement in 

Appeal cases, 

of oral bearings before examiners-in-chief 

Extension cases, 

of opposition to 

of time and place of taking testimony in .. 



Eule. 



26 
143, 153 

78 
100 



122 



226 
226 



211 



56 
57 

58 
58 
58 
58 
59 
56, 60, 61, 72 
14-16 
60 
61 

61 

70 

82 

173 

88 

153 
113 
104 
122, 123 
120 
153 
153 
153 
153 
153 
153 
153 
154 
158 

153 
154 

109 

93 

97 

103 

112 

137 

188 

188 



104 



Subject. 



.(7) 



Notice— Continued . 
Miscellaneous, 

of use of official records as evidence 

of exceptions to evidence -- 

of appeal to supreme court of District of Columbia 

to caveator of interfering application — 

of allowance of patent 

new, to be given if case has bee n, withdrawn from the issue .. 

of adverse decision upon preliminary question without rejecting 

claim to be given to applicant 

none given parties to forfeited cases of filing of subsequent applica- 
tions 

to conflicting parties who have the same attorney .. 

Oath to application 

must be made by inventor if alive 

when made by administrator or executor 



in reissue cases . 



in extension cases 

to caveats 

additional as to foreign patents 

supplemental to amendment 

officers authorized to administer 

new, required in renewal application after abandonment 

original, may be used in application for renewal after forfeiture 

Official action, 

will be based exclusively upon the written record 

office can not act as adviser 

Official business, 

should be transacted in writing . 

Official Gazette __. _. 

subscription price 

of single copies .__ 

furnished to public libraries free 

annual index 

amendments to rules published in 

one edition of drawings published in .. 

one view only, as a rule, shown in (8). 

rules for preparing a figure for publication in (8). 

notice of taking testimony, contested cases, published in (2). 

in interference cases 

Office fees. (See Fees.) 

Okal statement, 

no attention will be paid to, if there is any disagreement or doubt.. 

Patents, 

who may obtain ._. 

in case the inventor dies 

to assignee and inventor 

to joint inventors 

for what causes granted or refused 

for designs. (See Designs. ) 

Issue 

will issue upon payment of final fee 

will not be withdrawn from issue without approval of Commissioner . 

Dale, duration, and form 

will bear date not later than six months from allowance 

not antedated ... . 

will contain title and grant for seventeen years 

if patented abroad, are limited to expire with foreign patent ... 

design patents, for three and ahalf, seven, and fourteen years 

printed copy of speciQcation and drawings will he attached 

Delivery, 
delivered on the day of its date to- 



KM 
164 

78,165, IfiG 



105 



Subject. 



Eule. 



Patents — Continued. 
Correction of errors in, 
mistakes in, incurred through fault of the office, will be corrected by- 
certificate attached or by reissue. .. 

not incurred through fault of the office will not be corrected 

weekly issue of, will close on Thursday.- 

will bear date third Tuesday thereafter 

final fee must be paid or patent will be withheld 

if not paid on or before Thursday, too late for the weekly issue 

foreign, not a bar to a United States patent, but will limit its term., 
showing but not claiming invention 

Petition, 

form and substance of 

on formal questions 

for an extension 

Personal interviews. (See Hearing and Interviews.) 

personal attendance unnecessary 

Postage, etc., 

must be paid in full 

Powers of attorney. (See Attorneys.) 

Preliminary statement. 

how prepared, filed, and opened 

may be amended if defective 

failure to file 

motion to postpone filing of 

not evidence 

Priority op invention, 

judgment of, iuterference cases 

protests against issue of patent 

Publications, 

Official Gazette 

annual index 

monthly volumes of specifications and drawings 

photolithographic copies of drawings 

Eecords, etc., 

of office and models of patented inventions open to inspection .-_-__. 

mutilation of 

may be used as evidence (7)_ 

notice ofintent to use them to be given (7). 

Eeconsideration, 

of cases decided by a former Commissioner 

of adverse decision upon a preliminary question upon request of ap- 
plicant 

Ke-examination, 

of application will be made if insisted upon 

Preferences, 

will be given upon rejection 

upon rejection for want of novelty, best will be cited .:. 

to be specifically stated 

copies of patents, etc. , referred to in, will be furnished if in possession 
of office 

Eeference-letters, 

in drawings, directions (6, 7)_ 

Refundment; 

of money paid by mistake 

Eehearings, 

on appeal 

Eeissues, 

to whom granted and in what cases 

when the inventor or assignee must sign application 

what must accompany the petition 

prerequisites. . 1 

affidavits in support of application 



170 
170 
222 
222 
167 
222 
29 
75 



145 

182 



4 
3 

110 

112, 113 

114, 115 

104 

117 

125 

12 

225 

225 

225 

51 

14,16 

73 

154 

154 

144 

65, 67, 69 

65 

65 



66 

51 

224 

142 

85 
53,85 
86 
87 
87 



106 



Subject. 



Eeissues— Continued. 

new matter not to be introduced 

amendments may be made 

separate patents for distinct parts may be issued 

the original patent must be surrendered 

loss of original patent must be shown and a copy furnished 

what may be embraced .... . 

drawings and model to be amended only by each other 

drawings must be new ,. .__ — 

take precedence in order of examination ... 

original claims subj ect to re-examination 

when in interference 

to correct patent 

Rejected files, 

certified copies will be given 

Rejections and references. (See References, Adverse Decision.) 

formal objections 

applicant will be notified of rejection, with reasons and references-. . 

on rejection for want of novelty best references will be cited 

requisites of notice 

on account of invention shown by others but not claimed, how over- 
come 

after two rejections appeal may be taken from examiner to examiners- 
in-chief 

Renewal, 

of application abandoned by failure to complete or prosecute 

of application forfeited by non-payment of final fee 

of caveat ._..__. 

Reservation clauses not permitted 

Service of notices, 

in interference cases 

of appeal to supreme court District of Columbia 

in contested cases 

proof of service 

for taking testimony (2).. 

in extension cases of opposition , 

to take testimony 

of discovery, upon appeal, of grounds for granting or refusing letters 
patent not involved in the appeal 

Signatures, 

to applications 

to abandonments 

to specifications 

to drawings ~ (7)-. 

to models 

what amendments require signature of applicant 

to disclaimers 

to concessions of priority 

Specification, 

requirements of 

must set forth the precise invention i_. 

must point out new improvements specially 

must refer by letters or figures to drawings .. 

must conclude with specific and distinct claims 

order of arrangement in framing 

how and by whom signed 

must be legibly written on but one side of the paper . 

amendments to, must conform to drawings or model, if any 

must be on separate sheets of paper . 

not to be returned after completion ___. 

erasures and insertions to be clearly specified 

not to be made by applicant 



Rule. 



88 
89 
91 
91 

92 

88 

53 
63 

!)() 

94 

170 



64, G7 
Of) 



f!6 



133 

172 

175, 176 

199 

44 

97, 103 
149 
153 
153 
154 
190 
193 

139 

26, 30, 85 

60, 171 

10 

50,51 

58 

6, 107. 196 

107, 196 

125 

31-37 
35 
36 
38 
:;7 
39 
40 
45 
70 
73 
72 

45, 73 
73 



107 



Subject. 



Specification — Continued. 

to be rewritten, if necessary 

new, required in renewal application after abandonment 

original, may be used in renewal application after forfeiture 

Specimens, 

of composition of matter to be furnished when required 

Subpcenas, 

for witnesses to be issued by clerks of United States courts 

Substitution of attoeney, 

by attorney only when he has power of substitution 

and only when one remove from principal 

SUPEEME COUET OF THE DlSTBICT OF COLUMBIA, 

appeals to 

Telegeams, 

not received before 3 p. m. answered the following day 

Testimony, 

rules for taking and transmitting, in extensions, interferences, and 
other contested cases 

notice waiver, reasonable time to travel (1)_. 

service of notice (2)_. 

officer's certificate (3)_. 

time for taking, in interference cases 

failure to take 

enlargement of time for taking. 

ex parte proofs in extension cases (4).. 

in case of opposition in extension cases 

motion to extend time for taking (5)_. 

caveat for evidence (6)_. 

official records, printed publications, etc., used as evidence (7)_. 

formalities in preparing depositions 

relatives of interested parties not competent as officials to take 

maybe used in other interferences when relevant 

evidence on hearing must comply with rules 

formal objections to 

copies of testimony to be filed in the office one week before hearing. . 

how prepared . 

to be inspected by parties to the case only 

can not be withdrawn, printing of 

subpoenas for witnesses 

In foreign countries, 

by leave of the Commissioner, granted only upon motion duly 
made (1)1. 

interrogations (3)_. 

papers completed, Commissioner will send them to foreign offi- 
cial (4)_. 

who will return depositions to him under seal (4)_. 

stipulations as to written interrogations (5).. 

weight given to testimony taken in foreign country (6).. 

Teanslations, 

only made for official use 

WlTHDEAWAL, 

cases withdrawn from issue, how and when 



Eule. 



74 
173 
176 

62 

160 

19 
19 

148 

13 



154 
154 
154 
154 
118 
119 
121 
154 

188,191 
154 
154 
154 

155, 156 
156 
157 
159 
159 
162 
162 
161 

161, 162 
160 



158 
158 

158 
158 
158 
158 



226 
78, 165, 166 



INDEX TO FORMS. 



Petition by a sole inventor 

by joint inventors 

by an inventor for himself and an assignee 

with power of attorney 

by an administrator 

by an executor 

for a reissue (by an inventor) 

for a reissue (by assignees) 

for a patent for a design 

for a caveat 

1 for the renewal of an application 

Specification for a process 

for a mechanical device (with drawings) 

for a composition of matter • 

for a design 

for a caveat 

Oath, by a sole inventor (citizen of the United States or alien) 

by an applicant for reissue (inventor) 

by an applicant for reissue (assignee) 

supplemental, to accompany a new or enlarged claim 

to the loss of letters patent 

by an administrator as to letters patent 

Power of attorney 

revocation of 

amendment 

Disclaimer 

during interference 

Appeals from a principal examiner to examiners-in-chief 

Commissioner 

examiners -in chief to Commissioner (interference) 

examiner of interferences to examiners-in-chief 

examiners-in-chief to Commissioner (reissue) 

Commissioner to the supreme court of the District of Columbia 
preliminary statement 

Rules of the supreme court in appeals from the Commissioner of Patents 

Assignments, entire interest ( before issue of patent) 

entire interest (in patent) 

undivided interest in patent, including extension 

exclusive territorial grant 

License, shop- right.- 

with royalty 

Extension, application for (by a patentee) 

(by an administrator) . _. 

statement and account 

oath by an applicant for extension (patentee) 

(executor) 

reasons for opposing an extension (by individuals) 

Depositions, notice of taking testimony, and proof of service 

form of 

certificate of officer 

Petition for copies of rejected or abandoned applications 

Petition under Rule 145 



Form. 



108 



